STATE Vs. BALAMURUGAN

JUDGEMENT

(1.) This Criminal Appeal is filed against the Judgment dated 26.8.1999 in S.T.C. No. 1254 of 1998 on the file of the learned Judicial Magistrate No. I, Madurai in and by which the learned Judge after analysing the evidence found that the accused is not guilty for the offence under Section 7(1) and 16(1)(a)(i) read with 2(1a)(a)(b) (m) of Prevention of Food Adulteration Act Rule 5, 23, 29 of PFA Rules and acquitted him under Section 255(1)Cr.P.C.

(2.) The brief facts of the case are as follows:

(3.) On 28.5.1998 at about 10.00 a.m., P.W.1 went to the provision shop in the name of Pappa store situated at No. 72 A, Munisalai Raod, for the purpose of taking sample for public Analyst. P.W.1 introduced himself as Food Inspector and informed his purpose for taking sample of green gram meant for sale for the public Analyst. He purchased 750 grams of green gram for Rs. 21/- and obtained a cash receipt for the same. Ex.P.3 is the cash receipt. He purchased the sample in presence of P.W.2. Ex.P.4 is form -6. He also obtained a statement from the accused. Ex.P.5 is the statement of the accused.