STATE FOOD INSPECTOR Vs. MANI

JUDGEMENT

(1.) THE appeal is directed against the Judgment of the learned Judicial magistrate No. 2, Kulithalai in C. C. No. 1017 of 1994 dated 24. 6. 1996.

(2.) THE case of the prosecution is briefly as follows: p. W. I is the Food Inspector of Kulithalai Municipality. On 11. 6. 1994 at about 7. 30 a. m. , when he was standing near the Municipal Office to take samples of food under the Food Adulteration Act, the first accused came in a T. V. S. Moped carrying beverages. P. W. 1 questioned him, in the presence of one witness Sarbhudheen. The first accused replied that he was coming from 'enjoy Soda Factory' and he brought the beverages for sale; on further enquiry, the first accused also submitted that one Tmt. Saroja was the owner of that Soda Factory. P. W. 1 examined the beverages and took out one 'orange colour' beverage under the Food Adulteration Act for sending the same for Public Analyst. P. W. 1 also filled Form 6 in the presence of the witness and served it on the first accused. Ex. A1 is Form-6. Then he purchased nine orange colour beverage bottles at a cost of rs. 22. 50/- each and obtained a receipt for the same. He packed the food samples in three parcels and allotted Code No. 611 series No. 116 and pasted separate lables; he also sealed with arrack on four corners of the lable and tied the same in a thick brown sheet and folded the edges and pasted the same; he brought the sealed parcels to his Office and prepared six copies of Form-7. Ex. P3 is Form-7. He affixed seal on each copy and placed each one of the sample with Form 7 and sealed it with code Number, serial Number and intimated the Local Health Officer under Ex. P4 to despatch the sample food parcels through Railway Parcel Service and handed over two samples to the Local Health Officer and obtained acknowledgment-Ex. A5; He forwarded another copy of the Railway Receipt to the Public Analyst, Ex. A6 is the receipt. He received the acknowledgment under Ex. P7. Then he sent a notice to the second accused through the 'certificate of Posting'. Ex. P8 is the copy of the notice sent under 'certificate of Posting'. He received the Public Analyst Report-Ex. P9 and found that sample food was adulterated. Then he filed the charge sheet under Ex. P10; sent notice- Ex. P10 under Section 13 (2) of the Food adulteration Act to the accused. Exs. P12 and 13 are the acknowledgment cards of the accused for receipt of the above said notice. The second accused has not preferred any petition before the Court for sending the sample to the Lab.

(3.) THE prosecution in order to bring home the charges against the accused, examined P. W. 1 and filed Ex. P1 to P19.