FOOD INSPECTOR CALICUT CORPORATION Vs. PADMANABHAN NAIR
LAWS(KER)-1967-7-17
HIGH COURT OF KERALA
Decided on July 05,1967

FOOD INSPECTOR, CALICUT CORPORATION Appellant
VERSUS
PADMANABHAN NAIR Respondents

JUDGEMENT

- (1.) This is an appeal with leave by the Food Inspectress, Calicut Corporation, the complainant in C. C. No. 242 of 1965 on the file of the District Magistrate, against an order acquitting the accused of an offence punishable under S.16 (1) (a) (i) of the Prevention of Food Adulteration Act, hereinafter referred to as the Act.
(2.) The case of the complainant may be briefly stated. On 22 4 1965 the Food Inspectress visited the Santha Bhavan hotel situated within the limits of the Calicut Corporation and purchased from the 1st accused who was in charge of the hotel 10 cups of ice cream from a stock of about 40 cups of ice cream manufactured and kept for sale in the ice cream plant in the hotel. The Food Inspectress paid Rs. 4/- to the 1st accused as the price of the ice cream purchased. The 1st accused gave Ext. P1 receipt for it. Thereafter, she duly sampled the ice cream in three bottles after adding the required quantity of preservative formalin in the presence of the 1st accused. Of the purchase and sampling she prepared Ext. P-2 mahazar. The 1st accused and three witnesses signed in it. The sale of the ice cream by the 1st accused and the sampling of the same were acknowledged in writing by the 1st accused (Ext. P-2a). The report of the Public Analyst to whom the sample was sent for analysis stated that the ice cream was sub-standard and therefore was adulterated. Ext. P-3 is the report. On the basis of the report the complaint was filed against the 1st accused, and accused 2 and 3 as managing partners of the United Hoteliers.
(3.) The learned Magistrate acquitted the accused.;


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