STATE OF TAMIL NADU Vs. CHIDAMBARAM

JUDGEMENT

(1.) This appeal by the State is preferred against the judgment of the learned SubDivisional Judicial Magistrate, Ariyalur, acquitting the accused respondent who was charged for an offence under sections 7(i) and 16(1)(a)(i) read with sections 2(ia)(a) and (m) of the Prevention of Food Adulteration Act.

(2.) On 29th March, 1983 at about 7 a.m. P.W. 2, who is the Food Inspector of Perambalur. Town Panchayat, intercepted the accused-respondent who was carrying milk in a vessel in a cycle on the N.S.C. Bose Road, Perambalur and he purchased from him 750 ml of mixture of cows and buffalos milk for Rs. 1.50. He divided it into three equal parts and after observing all the formalities, sealed them in three clean dry bottles and sent one bottle to the Public Analyst for analysis. The report of the Public Analyst shows that the sample is deficient in solids non fat to the extent of at least 14 per cent and that the sample is also deficient in fat to the extent of at least 15 per cent After receipt of this report., the Food Inspector laid the complaint.

(3.) The defence was one of total denial. The learned trial Magistrate acquitted the accused on two grounds: (1) that the Food Inspector who took the sample did not have the requisite training; and (2) that the report of the Analyst does not contain the date of analysis of the sample. The State challenges the judgment acquitting the accused.