PUBLIC PROSECUTOR Vs. RAJU CHETTIAR AND ORS.

JUDGEMENT

(1.) This appeal has been filed by the State against the judgment of the learned Sub -Divisional Magistrate, Ariyalur, in C.C. No. 151 of 1964, acquitting the six accused in the case. The complaint was filed by P.W. 1 the Food Inspector of Ariyalur Panchayat, for an offence under Sec. 7 and Sec. (1) read with Sec. 2(ix)(j) and Rule 23 of the Prevention of Food Adulteration Act XXXVII of 1954.

(2.) P.W. 1 went to the grocery shop of accused 1, Raju Chettiar in Ariyalur about noon on 30th January, 1964, and, suspecting the composition of a packet styled as Misky Compounded Asafoetida, decided to take action under the Act. Accordingly, he called two witnesses, Veeramuthu (P.W. 2) and Krishnamurthi Chettiar. He bought one packet (M.O. 1) weighing 400 grams. for Rs. 1 -50, the receipt being signed by accused 1. He observed the usual procedure, divided the contents into three parts, put them into three bottles, closed them and sealed them. One bottle was given to the first accused under acknowledgment, Exhibit P -3, P.W. 1 sent one bottle to the Public Analyst and sent the other bottle to the Court, Exhibit P -4, the report of the Public Analyst was to the effect that the as asafoetida contained coaltar dye which was not permitted under the rules. Thereupon as a complaint was filed by P.W. 1 on 30th June, 1964.

(3.) The second accused is the Madurai Camphor and Hing Supplying Company which sold the packet in question in wholesale to the first accused. It is a partnership at Madurai and accused 3 to 6 are said to be its partners.