FOOD INSPECTOR Vs. PUSHADAP SAMUDRAIAH

JUDGEMENT

(1.) The State has preferred this appeal against the acquittal of the accused who was charged under Secs. 16(1) and 7 read with section 2 (1) (a) of the PREVENTION OF FOOD ADULTERATION ACT, 1954.

(2.) The Food Inspector, Vuyyur visited the shop of the accused on 13-9-1976 at about 6 p.m. and purchased 375 grams of ground-nut oil. Aftercomplying with all the formalities and paying the cost of the ground nut oil, he divided the sample into three equal parts and filled it in three clean and empty bottles, and sealed them with seal number 363. He sent one bottle of sample to the Chemical Analyst and the other two bottles were taken to his office. At the time of taking the sample mediator's were present. The report of the Analyst was to the effect that the sample contained about 6 per cent castor oil and, therefore, it was adulterated. The accused was served with Form 111 notice on 6-11-1976 and thereafter the complaint was filed against him for having committed an offence punishable under Sec. 16(1) and section 7 read with section 2(l)(a) of the Prevention of Food Adulteration Act. Three witnesses were examined for the Prosecution of whom P.W. 1 is the Food Inspector and P.Ws. 2 and 3 are the mediators. The accused also produced one witness as D.W.I.

(3.) The trial court found that no doubt the sample was taken from the shop of the accused and one of the three sample bottles was sent to the Chemical Analyst who opined that it was adulterated, but having regard to the provisions of Sec. II read with Sec. 13 of the Amended PREVENTION OF FOOD ADULTERATION ACT, 1954, it was incumbent upon the prosecution to inform the accused that he had a right under Sec. 13 of the said Act to ask the court to send one of the remaining two sample bottles which were kept with the Food Inspector, to the Central Food Laboratory. It is not in dispute that such a notice was not sent to the accused at the time when the report of the Public Analyst was sent to him. Before the amendment of the Act, the procedure was that of the three sample bottles taken by the food Inspector one sample bottle was sent to the Public analyst, one sample bottle was given to the accused and the other sample bottle was kept with the Food Inspector for purposes of depositing the same in the court. After obtaining the report of the chemical Analyst the prosecution was launched against the accused. Section 13 of the Unamended Act, gave a right to the accused to file an application before the court with a prayer to send the sample which was kept with him to the Central Food Laboratory' and the Court after complying with all the formalities with regard to the condition of the sample bottle and the seal would send the same to the Central Food Laboratory and the report of the Central Food Laboratory would override the report of the State Public Analyst.