PUBLIC PROSECUTOR Vs. DADA HAJI EBRAHIM HELARI
LAWS(MAD)-1952-7-17
HIGH COURT OF MADRAS
Decided on July 24,1952

PUBLIC PROSECUTOR Appellant
VERSUS
DADA HAJI EBRAHIM HELARI Respondents

JUDGEMENT

Ramaswami, J. - (1.) This is an appeal preferred by the State against the order of acquittal by the Stationary Sub-Magistrate, Mangalore, in C. C. Nos. 14 and 19 of 1951.
(2.) The short facts are: On information received) the Sanitary Inspector Sri Sanjeevi Rao went to the shop of Janab Dada Haji Ibrahim Halari on 28-9-1950 at about 10-45 a.m. The Sanitary Inspector demanded and purchased one pavu of Bengal gram dhal and ten palams of flour at two annas each from out of the stock which was kept for sale in the godown situated at door No. 113 of the 20th Ward of Mangalore municipality. This purchase is spoken to not only by this Sanjeevi Rao examined as P. W. 1 but also by two receipts taken from this merchant marked as Exs. P. 1 and P. 2 & which have been signed "per pro. Dada Haji Ibrahim Halari" by a clerk of that firm. The purchases were bottled and then they have been submitted to the Analyst. On examination it has been found that they contained artificial water-soluble-yellow-colouring matter derived from coal-tar. Therefore this merchant has been put up for an offence under Section 5(1)(a) and (b) of the Madras Act III of 1918 read with Rules 29 and 28-D framed under Clause (f) of Sub-section (2) of Section 20 of the aforesaid Act and G. O. No. 680 P.H., dated 24-2-1950 as amended in G. O. No. 1613 Public Health, dated 5-5-1950.
(3.) On coming to court, this Haji Ibrahim Hilari who was represented by a special vakalat contended that he was not guilty of the offence with which he was charged and stated nothing more than that and his learned advocate proceeded to argue on the information available without further examination or adduction of evidence on the part of the accused.;


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