STATE BY PUBLIC PROSECUTOR Vs. V. ESSAKKI

JUDGEMENT

(1.) THIS is an appeal by the State of Tamil nadu against the order of acquittal passed by the learned Sessions Judge in C.A. No. 171 of 1979, acquitting the Respondent of an offence under Ss.7(l) and 16(1) read with Section 2(l)(a) and R.41 (b) of the Prevention of Food Adulteration Act.

(2.) THE prosecution case is that on 20th June, 1978 at about 4:30 P.M. the Respondent -accused was found carrying in the carrier of his cycle milk can containing ten litres for sale. P.W.1, the Food Inspector, purchased the milk and took samples of the same according to the procedure and sent them to the Public Analyst. On examination it was found that it was adulterated with 19% of water.

(3.) THE learned Sub Divisional Judicial Magistrate, Shencottah, accepted the evidence of P.W.1 and the report Ex.P3 and found the accused guilty and sentenced him to undergo rigorous imprisonment for a period of three months and also imposed a fine of Rs. 500, in default to undergo rigorous imprisonment for a period of two months.