STATE REPTD. BY FOOD INSPECTOR, MADURAI CORPORATION, REPTD. BY PUBLIC PROSECUTOR Vs. M. SUBRAMANIAM AND ANOTHER

JUDGEMENT

(1.) THIS appeal is against the order of acquittal of the Respondents by the learned Special Judicial First Class Magistrate, Madurai (CCIW) in C.C. No. 44/86 for the offence under Section 2(la)(a)(m), 7(1), 16(l)(a) and Rule 5 Appendix B, Section 17.03 of the Prevention of Food Adulteration Act.

(2.) THE prosecution case is that on 27.6.1985 at 11:15 A.M. the Food Inspector took the sample of Ground oil from the shop of the Respondents in Door No. 68 Nethaji Road and the Analysis Report reveals that the sample was adulterated. The Respondents contended that they requested another sample to be sent to the court for forwarding the same to another Analyst but the Health Officer did not send the sample within the time prescribed and the mandatory provision of the Act was not complied with by the Food Inspector. The court below accepting the contention of the accused/Respondents, acquitted them of the charges. Hence this appeal.

(3.) IN the result, confirming the acquittal of the court below, the appeal is dismissed.