THE PUBLIC PROSECUTOR Vs. PARAMESWARA IYER

JUDGEMENT

(1.) THIS is an appeal by the Public Prosecutor against the acquittal of the respondent in C.C. No. 1318 of 1946 on the file of the Stationary Sub -Magistrate of Periyakulam. The respondent was charged with having in his possession and having sold " jilebi" which was adulterated with 20 per cent. of fat not derived from milk or cream.

(2.) RULE 28 -B of the Rules framed under Section 20 of the Madras Prevention of Adulteration Act provides that where in any hotel, sweetmeats of which ghee is commonly an ingredient are for sale and are prepared wholly or in part with a mixture with other articles contemplated in Rule 28 or with any oil or fat other than ghee, it is imperative upon the person in charge of the hotel to exhibit in such hotel one or more notices specifying in the vernacular of the district that sweetmeats are not made of ghee. An infringement of this rule entails punishment under Rule 29.

(3.) THE order of acquittal is set aside and the accused is convicted under the rules and sentenced to pay a fine of Rs. 25.