STATE BY PUBLIC PROSECUTOR Vs. KARUPPIAH

JUDGEMENT

(1.) This is an appeal against the acquittal of the State under section 378, Criminal Procedure Code. The lower Court had held that the accused-respondent herein is not guilty under sections 7(1), 16(1)(a(i) and 2(1a)(a)(m) of the Prevention of Food Adulteration Act (Central Act 37 of 1954).

(2.) The case of the prosecution is that on 22.3.1980 at about 7.30 am in front of Door No. 8, near Tea Stall, Agraharam Main Road, Ramoad, when the accused was having in his possession of cow milk about 2-1/2 litres in a tin can on the carrier of his bicycle for sale with measures and while he was coming for sale of the milk to the above said tea stall, the Food Inspector, Ramnad Municipality, had purchased 660 ml. of cow milk from him for Rs. 1.10 paise for analysis after issuing Form VI notice to the accused and obtained the signature from the accused in it and also the signature of an attestor, Ibramsa in Form VI notice and cash receipt.

(3.) The purchased cow milk was divided and poured equally into three empty clean dried bottles and added 18 drops of formalin in each bottle for preservative purpose and properly corked, sealed and labelled as sample No. 548 and wrapped in strong thick paper and neatly folded in and affixed by gum. They were then pasted with ribbon size, paper slip in which the signature of the accused, both on the paper slip and on the wrapper on each bottle, were separately obtained. The attestor Ibramsa is also signed on the labelled affixed to each bottle separately as a witness.