STATE Vs. ARURNUGHAM

JUDGEMENT

(1.) This is an appeal by the State against of the respondent accused.

(2.) The Food Inspector of Thiruvarur Municipality, P.W. 1, on 23-11-1982 at 11.30 A.M. inspected the premises of the respondent-accused at No. 7, V.R.M. Road, Thiruvarur and took sample of butter. After complying with the formalities he sent one of the samples to the Public Analyst, who in turn sent a report, Exhibit P.6 stating that the sample sent falls below the minimum standard prescribed. He preferred the complaint on 10-1-1983 before the Sub-Divisional Judicial Magistrate, Nagapattinam.

(3.) The trial Court found the respondent guilty under the relevant provisions of the Provision of Food Adulteration Act (herein-after referred to as'the Act') convicted him thereunder and sentenced to rigorous imprisonment for six months and a fine of Rs. 1,000/- in default rigorous imprisonment for three months. Aggrieved by the conviction and sentence, he preferred Criminal Appeal No. 9 of 1984 before the Sessions Court, Nagapattinam. The learned Sessions Judge set aside the conviction and sentence of the trial Court and acquitted him. Against the said order of acquittal, the State has now come forward with this appeal.