STATE Vs. RAMANATHAN

JUDGEMENT

(1.) THIS appeal is against the order of acquittal passed by the Sub-Divisional Judicial Magistrate, Usilampatti, under S.256, Cr.P.C. The trial Magistrate is wrong in acquitting the accused under S.256, Cr.P.C. for the case is not a summons case. THIS would be a warrant case instituted otherwise than on police report and if the Magistrate finds the complainant is absent, he can resort to S.249, Cr. P.C.

(2.) IT is seen that the Food Inspector purchased 900 grams of Rose lime from the first accused. IT was found to contain coal tar dye not permitted for use in any food. The question whether rose lime is an article of food is open to doubt. In the circumstances though the order of acquittal is wrong, no useful purpose will be served by remitting the matter for trial afresh as the sample was taken nearly 8 years back. On that view., this appeal is dismissed. Appeal dismissed.