STATE Vs. RAJAPANDIAN

JUDGEMENT

(1.) THE Food Inspector, Karungulam Panchayat, purchased from the shop of the respondent at 5/79-A at Kongarayarkurichi, on 14 th November, 1982 at about 3.45 p.m. 600 grams of Cumin seeds, for Rs. 16.80, divided the Cumin seeds so purchased in to three equal parts, sealed them in three clean dry bottles and sent one such bottle to the Government Analyst at Guindy, Madras. THE report of the Analyst, Ex. P.6, shows that the sample so taken contains:

(2.) THE defence of the accused were:

(3.) THE second ground on which the accused was acquitted was that P.W.I has not stated that there were insects at the time of packing. This is factually wrong because I find from the evidence of P.W.1 that in cross-examination it has been elicited from him that there were insects at the time when be took the sample. In view of this factual error and in view of the ruling reported in Esayaki Konar, In re, 1987 L.W. (Crl.) 68-it appears to me that the proper course to be adopted is to set aside the judgment of the trial Court acquitting the accused and to remit the matter for de novo trial. THE trial Court will dispose of the case, after giving an opportunity to the parties to adduce oral evidence, if any, in respect of their contentions.