STATE Vs. K JAYAKUMAR

JUDGEMENT

(1.) THE above appeal by the State is directed against the judgment of the Chief Judicial Magistrate, Vellore, in C.C.No. 199 of 1982 acquitting the respondents tried by him for an offence under Sec.7(1) read with Sec.16(1)(a)(i) read with Sec.2(ia) and (m) of the Prevention of Food Adulteration Act, 1954.

(2.) THE respondents were tried by the above Court on the allegation that the sample of the groundnut oil taken from the shop of the first respondent in which the second respondent was a salesman, was found not to conform to standards for groundnut oil in respect of turbidity temperature (Bellier Test). P.W.1, the Food Inspector attached to Vellore Municipality took the sample of groundnut oil from the second respondent from the shop belonging to the first respondent. THE necessary formalities were observed and one sample was sent to the Public Analyst which, on analysis, showed the infirmity pointed out above. THE other formalities required under the Act were also observed and a complaint was filed against the respondents for the above offence. During trial, on behalf of the prosecution, P.Ws.1 to 3 were examined and Exs.P1 to P8 were marked. THE two respondents denied the allegations made against them and had no evidence to offer, oral or documentary.

(3.) PER contra, Thiru Krishnan, learned counsel for the respondents contended that in the absence of evidence that a specimen impression of the seal had been separately sent by registered post to the Public Analyst the compliance of Rule 7 could not be presumed (2) that several details regarding the exact way in which the sample had been packed had not been spoken to by P.W.1 and (3) that the evidence of P.W.3 that the turbidity test was done by him would render Ex.P5 valueless and that, therefore, the trial Court was right in accepting the above contentions submitted on behalf of the respondents and in acquitting them.