K.N. Saikia, J. - (1.)The State of Assam herein appeals against the acquittal of the Respondent of charges under sections 16(l)/7 (i) of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act').
(2.)On 9.5.1972 the District Food Inspector visited the appellant's shop M/s. Mahabir Store at Temple Road, Sibsagar and after observing the formalities as required under the law, collected samples of Turmeric powder, divided and packed the samples and sent one to the Public Analyst who reported the sample to be adulterated Turmeric powder; and after receipt of the report and obtaining the sanction, prosecuted the appellant under the above charges to which the appellant pleaded not guilty. At the trial the prosecution examined 3 witnesses while the defence examined none. The learned Trial Court on the evidence on record having acquitted the appellant, the State appeals.
(3.)Mr. J. Singh, the learned Public Prosecutor submits that the Trial Court erred in law in acquitting the accused holding that the powdered pulse found in excess in the samples having not been injurious to health, the sample was not adulterated; and this was contrary to the standard prescribed in the Appendix-B to the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as 'the Rules') and the Provision of Rule 44 (h).
;