ANANTHAN Vs. STATE, BY FOOD INSPECTOR, ERODE MUNICIPALITY

JUDGEMENT

(1.) An interesting question Of law is raised in both these Criminal Miscellaneous Petitions.

(2.) The respondent - Food Inspector, Erode Municipality launched prosecution against the petitioner in both these petitions, which was taken on file by learned Judicial First Class Magistrate, Erode in C.C. Nos. 515 and 514 of 1985 respectively for the alleged refraction of Sections 7(l) and 16(1) read with section 2 (ia) (a) and (m) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act).

(3.) The petitioner in Crl. M.P. No. 7537 of 1985 is running his business it door No.124, Park Road, Erode, dealing in edible oil and other articles. The Food Inspector inspected the business premises at about 6-30 p.m. on 13-6-1985 and took samples of groundnut oil for the purpose of analysis, after scrupulously complying with the formalities prescribed tinder the Act and the Rules framed thereunder. On the analysis of the sample, the Public Analyst, King Institute, Guindy, Madras certified in his report that the sample does not conform to standards for groundnut oil in respect of Bellier test and hence it is adulterated.