STATE BY PUBLIC PROSECUTOR Vs. K.M. KRISHNAN
HIGH COURT OF MADRAS
STATE BY PUBLIC PROSECUTOR
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K.N.MUDALIAR, J. -
(1.) This is an appeal filed by the State against the order of acquittal of the accused -respondent by the Sub Divisional Magistrate, Erode, for an offence under S. 16(1)(a)(i) read with S. 7(1) and 2(1)(a) of the Prevention of Food Adulteration Act and Rule 44 (e) of the rules made thereunder. Briefly the facts are:
(2.) On 15th November 1967 at 12 -30 p.m. the accused -respondent was having in his Mailgal shop at door No. 59 Main Road, Kavandapadi, 6 measures of cocoanut oil in a tin for the purpose of sale. The Food Inspector, P.W. 1, purchased 375 m.l. of the said oil for sampling purposes on payment of Rs. 2,25 and on analysis it was certified as containing 75 per cent of ground -nut oil.
(3.) The plea of the accused under S. 342 Crl. P.C. is one of denial of the offence. He contended that the oil in question was kept by him for his personal use and not for sale. He examined D.W. 1. He speaks to P.W. 1 demanding cocoanut oil for which the accused -respondent replied that he had no cocoanut oil and that he was having only in a tin to be used in the boiler for preparation of brown sugar. According to D.W. 1, the Food Inspector, P.W. 1 took sample oil from that tin and prepared records.;
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