STATE BY FOOD INSPECTOR, TIRUNELVELI MUNICIPALITY REPRESENTED BY PUBLIC PROSECUTOR Vs. MUTHU AND ADINARAYANAN

JUDGEMENT

(1.) THE State has preferred this appeal against the judgment of the Chief Judicial Magistrate, Tirunelveli, acquitting the respondents who have been charged for offence a under Ss. 7 (i) and 16(1)(a)(i) read with S. 2 (ia) and (m) of the Prevention of Food Adulteration Act and Rr. 44 (a) and 47 of the Prevention of Food Adulteration Rules in C.C. No. 188 of 1982 on his file.

(2.) THE Food Inspector, Tirunelveli Municipality, purchased 900 grams of ice candy from accused Muthu for Rs. 2. 40 for analysis. The sample was taken from Vinayaga Ice Company at No. 5, Cheranmadevi Road, Pettai. The Food Inspector divided the sample into three equal parts. He sealed the sample in three clean bottles in accordance with the rules and sent one bottle to the Analyst. The report of the Analyst showed that the sample contained ISO parts of saccharin per million parts. After obtaining the opinion of the Analyst, the Food Inspector laid a complaint.

(3.) FOR the foregoing reasons, the order of acquittal is set aside and the matter is remitted to the trial Court for a de novo trial on the question as to whether P.W. 2, the Food Inspector in this case, is competent to lay a complaint. The appeal is allowed to the extent indicated above.