FOOD INSPECTOR PALGHAT MUNICIPALITY Vs. SYED ABDUL KASIM
LAWS(KER)-1962-1-9
HIGH COURT OF KERALA
Decided on January 12,1962

FOOD INSPECTOR, PALGHAT MUNICIPALITY Appellant
VERSUS
SYED ABDUL KASIM Respondents

JUDGEMENT

- (1.) This is an appeal by the Food Inspector, Palghat Municipality against the order passed by the District Magistrate of Palghat acquitting the accused, who was prosecuted under S.16(1)(a)(i) read with S.7 of the Prevention of Food Adulteration Act, 1954 - hereinafter referred to as the Act - and R.46 of the Rules framed under the Act.
(2.) The accused is the licensee of a hotel called Grand Hotel in Gandhi Bazar Road, Palghat. On 29-7-60 P. W. 1 the Food Inspector visited the hotel. He found butter being served to the customers and suspecting the butter to be adulterated, purchased some butter from out of the stock kept in the refrigerator. He followed the procedure prescribed in S.10 and 11 of the Act and sent the sample to the Public Analyst. The report of the Analyst Ext. P4 showed that the butter was adulterated. Thereupon P.W. 1 launched the prosecution.
(3.) The case of the accused was that he was not selling butter and the stock of butter seen in the refrigerator was only for his domestic consumption. Besides, the Food Inspector P.W. 1 two other witnesses were examined. The learned Magistrate was not prepared to believe the two witnesses regarding the supply of butter to them and acquitted the accused on the ground that the prosecution has not satisfactorily proved that the butter kept in the refrigerator was for the purpose of sale.;


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