STATE BY PUBLIC PROSECUTOR Vs. MUTHIAH

JUDGEMENT

(1.) THIS is an appeal by the State against the judgment dated 7th May, 1976 in C.C. 188 of 1976 on the file of the Court of the Sub Divisional Magistrate of Kovilpatti, finding the accused -Respondent herein not guilty of the charge framed against him under Ss.7(l) and 16(1)(a)(i) read with Ss 2(i)(a)(1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and acquitting him under Section 248(1), Crl. P. C.

(2.) THE case against the accused -Respondent herein before the trial court is that on 27th December, 1975 at 6 a.m. in front of Venkateswara Clinic, Main Road, Koilpatti, the accused -Respondent here in had in his possession cow's milk for the purpose of sale to the public, that the complainant, viz, the Food Inspector, Kovilpatti Municipality, purchased 660 milli -litres of milk from the Respondent for Rs. 1.10 and that on analysis the sample was found to be deficient in solids -not -fat to the extent of at least 40 per cent.

(3.) ON behalf of the complainant, the Food Inspector of Koilpatti Municipality himself was examined as P.W.1 and Ex.P1 receipt for Rs. 1 -10 issued by the Respondent herein to P.W.1, Ex.P2, dated 27th December, 1975 form No. VI notice, Ex.P3, dated 2nd February, 1976, report of the Public Analyst, were filed on behalf of the prosecution. Ex. Cl, dated 24th April, 1976 is the certificate showing the age of the Respondent herein. A sealed bottle bearing label No. 161 said to contain milk was produced as M.O. 1 before the trial court.