R VEERAPPAN Vs. STATE

JUDGEMENT

(1.) THIS is a revision petition filed by the accused against the Judgment in Criminal Appeal No. 428 of 1979, on the file of the Additional sessions Judge, South Arcot at Cuddalore, confirming the conviction under section 2 (1-a) (a), 7 (i) read with Section 16 (i) (a) (i) of the Prevention of Food adulteration Act.

(2.) THE prosecution case is that on 8. 9. 1978 at about 7. 30 a. m. , at Villupuram Trunk Road, the petitioner sold adulterated cow's milk to the Food Inspector (P. W. 1)and on analysis, it was found that the solids-not-fat content was deficient in the sample to the extent of at least 52 per cent. THE food Inspector was examined as P. W. 1 and he has given evidence regarding the purchase and taking of sample and the formalities observed for laying the prosecution. THE accused admitted the sale, but pleaded not guilty. It was contended on his behalf that there was no sufficient compliance of Section 13 (2) of the Prevention of Food Adulteration Act and that there was delay in sending the report.