STATE Vs. CHELLIAH FILIAL

JUDGEMENT

(1.) THE State represented by the Public Prosecutor has preferred this appeal against the judgment of the learned Sub-divisional Judicial Magistrate, Sattur in C. C. No. 26 of 1974 on his file, acquitting the accused of the offence under Sections 7 and 16 (1) read with Section 2 (1) (j) of the Prevention of Food Adulteration Act.

(2.) IT is the case of the prosecution that on 13-11-1973 at about 5-00 P. M. in Door No. 176, No. 4 Road, Sattur, in the coffee hotel of the 1st accused, the 2nd accused was found selling Halwa which was intended for human consumption and which contained coal tar dye. It was not permitted for use in any food article for human consumption.

(3.) THE prosecution examined one witness, i. e. , P. W. 1 who is the Food Inspector. P. W. 1 testified that he visited the 1st accused's hotel and purchased 300 grams of Halwa, divided the same into three parts, put the same in three clean dry bottles and one bottle was sent to the Public Analyst and on his report (Ex. P-4) it was found that the sample was artificially coloured by the addition of Metanil Yellow coal tar dye which is not in the list of permitted coal tar dyes to be used in food. The estimation of Metanil Yellow in the sample was 3-2- mgm. per 100 grams of sample. On receipt of Exhibit P-4, P. W. 1 filed the complaint against accused 1 and 2. P. W. 1 was recalled and cross-examined.