STATE Vs. MUTHUKRISHNAN

JUDGEMENT

(1.) THIS appeal has been filed by the State against the acquittal of the accused in C.C.No.576 of 1982 on the file of the learned Judicial First Class Magistrate, Kulithalai.

(2.) THE prosecution case in brief is as follows: On 6.11.82 P.W.1 Chellappa, the Food Inspector of Karur Municipality inspected the shop of the accused situated in Bharathiar St., Karur wherein he was carrying on business in aerated water under the name and style of �Delux Soda Company.� He found 22 bottles of Soda each containing 200 ml. out of which he purchased 9 bottles after paying sum of Rs.49.50 under the receipt Ex.P2. He divided the 9 bottles into three portions each containing 3 bottles. One portion containing3 bottles was separately packed and sealed as sample No.907. It was sent to the Public Analyst, King Institute, Guindy. THE remaining two portions were handed over to the Local authority for safe custody. THE analyst gave his opinion stating that the sample contained saccharin in excess of the maximum permitted limit to the extent of 860 p.p. On the basis of the said report, the accused was charged under Secs.7(1) and 16(1)(a)(i) read with Sec.2(i) and (a) and (m) of the Prevention of Food Adulteration Act. THE accused defended the case contending that the procedure adopted by the Food Inspector is against the rules since the 9 bottles purchased by him were not mixed together before dividing the same into three portions for the purpose of sending the same for analysis. Reliance was placed on the decision of the Punjab and Haryana High Court reported in: Anil Kumar v. Food Inspector, 1982 F.A.J. 47. Another contention was raised by the accused stating that there is no allegation in the Complaint that the presence of excess saccharin was injurious to health.

(3.) MR.A.S. Chakravarthi, the learned Government Advocate (Criminal Side) appearing for the State submitted that the procedure adopted by the Food Inspector is in accordance with the provisions contained in the Act and the Rules. He relied on Rule 22-A of the Prevention of Food Adulteration Rules, 1955 which reads as follows: