SEWAN RAM Vs. STATE

JUDGEMENT

(1.) This is an appeal on behalf of the State against the order of acquittal passed by the Sub-Divisional Magistrate, Nuzvid.

(2.) The facts which give rise to this appeal are : The respondent is a resident of Nuzvid and was running a grocery shop in D. No. 4/178. On 21-3-.1956. at about 4-30 p.m. the Sanitary Inspector along with the Sanitary Mistry inspected the shop of the accused and found turmeric powder in a tin which was intended for sale. The Sanitary Inspector purchased a sample of it for Re. 0-1-9 and obtained a receipt, Ex. P-l. He divided_ the sample in equal parts and sealed the stuff in three bottles. He gave one bottle to the respondent and sent one sample bottle to the Government analyst and the third to the Court. The Government analyst certified that the sample was adulterated with 25 parts of foreign adulterant and that it also contained 12 parts of lead to a million parts.

(3.) It is contended on behalf of the appellant that the Sub-Divisional Magistrate has fallen into an error in holding that no offence was made out against the accused under Section 7. He contends that the evidence produced is sufficient to hold the accused guilty under Section 7, Clause (ii). Reliance was placed on the case of The Public Prosecutor v. Kachimohideen Marakkayar 1948 Mad WN 59 (1) : A.I.R. 1948 Mad 218 (A). He next contended that the Court below has committed an error in holding that no offence was made out under Rule 44.