STATE Vs. GANGADHARAN

JUDGEMENT

(1.) State has come forward with this Appeal aggrieved over the Order of Acquittal. By the Judgment dated 29.08.1996, trial court - Judicial Magistrate No.I, Trichirapalli has acquitted the Respondent / accused under Sections 7(i), 7(v) & 16(1)(a)(i) read with 2(1a)(a) and (m) of Prevention of Food Adulteration Act (for short hereinafter referred to as 'P.F.A.Act').

(2.) Relevant facts for disposal of this Appeal could briefly be stated thus:- P.W.1 - Food Inspector of Trichy Corporation is authorised to take food sample. He is also authorised to launch prosecution as per various Government Orders. The Respondent / accused is running a Provision Shop in Trichy Peria Kadai Veedhi. On 27.10.1995 - 1.30 PM, P.W.1 - Food Inspector visited the shop and introduced himself to the Respondent / accused. P.W.1 noted that about 10 kgs. of Pepper was kept for sale to the public. P.W.1 informed his proposal for taking the sample of Pepper. He called one Balasubramanian to be the witness who has agreed to be the witness for taking the sample. Form VI (Ex.P.2 - Notice) was served upon the accused, signed by the accused and also the witness.

(3.) By paying Rs.60/= under Ex.P.3 - Cash Receipt, P.W.1 purchased 600 grams of Pepper and divided them into three samples and kept them in clean glass bottles. The glass bottles were labeled and sealed. It was sealed with Code No.6/2001, Serial No.233/95-96. All three sample bottles were neatly packed in compliance with Sec.10 of the Act. Under intimation to the Local Health Authority, one sample of Pepper along with Form VII (Ex.P-8) was sent to the Public Analyst in Palayamkottai. Remaining two samples were handed over to the Local Health Authority, who received the same under Ex.P.5 - Acknowledgment.