STATE Vs. JAFAR ALI

JUDGEMENT

(1.) State has come forward with this Appeal against the order of acquittal. Aggrieved over the order of acquittal in C.C.No.2779 of 1994 on the file of Judicial Magistrate, Uthamapalayam, the State has come forward with this appeal. By the judgment dated 04.10.1995, the Respondent / Accused was acquitted of the offences under Ss.7(i) & 16(1)A)(i) r/w Sec.2(ia)(a)(b) and Rules 23, 28 and 29 of the Prevention of Food Adulteration Act, 1954.

(2.) The relevant facts necessitated for disposal of this appeal could be stated thus:- P.W.1 (Vellaikkannu) Food Inspector is authorised under relevant Government Orders to take food samples and also launch prosecution. P.W.2 - Nagarajan is the Sanitary Supervisor. On 26.09.1994 12.30 noon, P.Ws.1 and 2 inspected the grocery shop bearing Door No.14-A, Palace Bazaar Street run by the Accused. The Accused was attending to the business. P.W.1 ascertained the ownership of the Accused of the grocery shop and introduced himself to the Accused.

(3.) On the wooden rack, P.W.1 found packets of Sambar Powder kept in a big bundle meant for sale. When the bundle was opened, it was found to be containing 20 plastic packets of Sambar Powder each containing 50 grams. In the packets, both in English and Tamil, it was written "Super Rani Sambar Powder, K.A.L. Industries, Gudalur, Pin:626518". Further, the ingredients were also printed as "Corrianderseed, Chillies, Dhal, Turmeric Cuminseed, Assobitetu, Salt 5%. We hereby certified that foods backed in this packet is warranted to be of the nature and quality which is purport to be guaranteed for 6 months. Date of Manufacturing April 1994."