STATE Vs. KANNAN OIL STORES

JUDGEMENT

(1.) THIS is an appeal by the State of Tamil Nadu against the order of acquittal of the respondent by the learned Sessions Judge, Madurai, acquitting him of an offence under Sections 2(1) (a)(m), 7(i)(v) and 16(1)(a)(ii) of the Prevention of Food Adulteration Act.

(2.) THE prosecution case was that the Food Inspector, Madurai Corporation (P.W.1) went to the Oil Stores of the respondents on 9.4.1979 and purchased coconut oil under the receipt Ex.P-1 after serving the necessary notice, etc. P.W.1 observed the formalities and took samples of the coconut oil. He also obtained a statement from the 2nd accused who was transacting the business. Ex.P-4 is the mahazar. After preparing the report Ex.P-6, he sent one of the sample packets to the Public Analyst and it was found that the sample consisted of a mixture of about 80% of coconut oil and 20% of groundnut oil. Hence the charge.

(3.) THE trial Court found the firm (1st accused) and the partner (2nd accused) guilty under Sections 2(i)(a)(m), 7(i) (v) and 16(1)(a)(ii) of the Prevention of Food Adulteration Act, convicted them thereunder and sentenced the 1st accused-firm to pay a fine of Rs.500/-and sentenced the 2nd accused-partner to R.I. for 3 months and also to pay a fine of Rs.500/- and in default to undergo R.I. for one week.