STATE Vs. CHINNAPPAYYAN

JUDGEMENT

(1.) This appeal is preferred by the State represented by the learned Public Prosecutor on being aggrieved against order of acquittal passed on the respondent by the learned Chief Judicial Magistrate, Krishnagiri, in C.C. 231 of 1983, on his file for offences under Sections 7(1) and 16(1)(a)(i) read with S.2(1-a)(a) and (m) of the Prevention of Food Adulteration Act, 1954.

(2.) The case of the prosecution is that on 30-12-1981 at about 7 am. P.W. 1, the Food Inspector attached to Krishnagiri Municipality, found the respondent in possession of 1 litres of buffalo's milk for sale, wherefrom he took a sample of 900 ml. in the presence of witnesses after paying Rs. 1.12 to the respondent, for which the respondent issued a receipt marked Ex. P-2. P.W. 3 after following the formalities enjoined by law sent one of the samples along with Form 7 to the Public Analyst,. Guindy, on the same date. The remaining two samples were sent by P.W. 1 to the Local Health Authority, Krishnagiri. P.W. 1 also sent another copy of Form 7 along with the sample seal to the Public Analyst by registered post.

(3.) The report of the Public Analyst marked as Ex. P.4 in this case was received on 29-1-1982, and it was opined by the analyst that the sample was deficient in solids-not-fat to the extent of at least 66% and was also deficient in fat to the extent of 76%. P.W. 1 instituted the complaint in the Court below on 16-8-1982 and on 20-8-1982, the notice contemplated under S.13(2) of the Act together with a copy of Ex. P.4 was sent to the respondent by registered post. Ex. P.5 is acknowledgment of the respondent for having received the aforementioned notice together with the report of the analyst on 22-8-1982.