STATE BY PUBLIC PROSECUTOR Vs. RAGOTHAMAN

JUDGEMENT

(1.) This Criminal Appeal is filed by the State against the judgment of acquittal passed by the Sub-Divisional Judicial Magistrate, Ariyalur acquitting the respondent under section 7(i) read with section 16(1)(a)(i) read with section 16(2) (ia) (a) and (m) of the Prevention of Food Adulteration Act, 1954.

(2.) The facts of the case are briefly as follows : The petitioner is the owner of provisions stores in Bazaar street at Kallakudi. On 23rd April, 1979 at 4.30 p m. the Food Inspector (P.W. 1) purchased 750 ml. gingelly oil from the respondent, divided the same into three parts, sent one part to the Food Analyst and deposited the other two parts with the local health authority for safe custody after observing all the formalities. A copy of the complaint and also a copy of the report of the analyst were also served on the respondent as per section 13(2) of the Act-

(3.) On behalf of the prosecution three witnesses were examined. P.W. 1 is the Food Inspector who bought 750 ml. of gingelly oil from the respondent's shop for purpose of analysis after serving Form No. 6 and divided the same into three equal parts, sealed the same, sent one part to the Food Analyst by railway parcel accompanied with Form No. 7 and the remaining two parts were deposited with the local health authority at Kallakudi for safe custody. P.W. 1 also sent the copy, of Form No. 7 and the railway receipt to the Food Analyst and received the acknowledgement Ex. P4. Ex. P2 is the cash receipt for the purchase of gingelly oil from the respondent. After receiving the report of the Food Analyst Ex. P 7, P.W. 2 Local Health Authority served the copy of the same on the respondent and obtained his signature in the local register ExP6 as per section 13(2) read with R. 9A. According to the report of the public analyst Ex P7 the sample sent to him contained free fatty acids in excess of the maximum permitted limit to the extent of 23 per cent.