STATE Vs. SELVOM ATHISAVEM

JUDGEMENT

(1.) This appeal is filed by the complainant-Food Inspector and is directed against judgment/order dated 31/3/ 2009, of the learned Judicial Magistrate, First Class, Mapusa, by which both the accused have been acquitted under section 16(l)(a)(i) read with section 7(ii) read with section 2(ix)(k) of the Prevention of Food Adulteration Act, 1954 read with Rule 32 of the Prevention of Food Adulteration Rules, 1955.

(2.) The complainant visited the establishment of the accused on 7/6/2004 at about 4.00 p.m. and after disclosing her identity the complainant, after issuing notice in Form VI, purchased three sealed packets containing roasted peanuts of 500 gms each as well as some "Zilebi". No complaint was filed as regards "Zilebi", but complaint was filed for adulteration as well as misbranding of the roasted peanuts purchased by the complainant from the accused. The prosecution as regards adulteration of the roasted peanuts ended with the judgment of this Court dated 22/10/2008 in Criminal Appeal No. 39/2007 and the trial thereafter proceeded as regards misbranding.

(3.) The complainant was further cross-examined after the remand and so also the public analyst. Besides the said two witnesses the complainant had examined a pancha witness who did not support the case of the complainant and was cross-examined on behalf of the complainant.