STATE OF KERALA Vs. RENGANATHA REDDIAR
HIGH COURT OF KERALA
STATE OF KERALA
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(1.) The Food Inspector, Kottarakara Panchayat, filed a complaint charging the accused with an offence punishable under S.16(1) (a) read with S.7(1) of the Prevention of Food Adulteration Act, 1954, Act 37 of 1954, hereinafter referred to as the Act. The case against the accused was as follows: PW 1, the Food Inspector, went to the shop of the accused at Kottarakkara on 19-5-1965 and purchased 21 packets of Asafoetida exhibited for sale in the shop. PW 1 packed them in three separate packets. He sent one packet to the Public Analyst for chemical analysis, gave another to the accused and retained the third with him. Ext. P1 is the mahazar prepared by him. Ext. P6 is the certificate of the Public Analyst. It states that on analysis the sample was found to contain wheat, starch and tapioca powder and also non permitted coaltar dye, and so it was adulterated. On the basis of Ext. P6, PW 1 filed the complaint.
(2.) The learned Magistrate found that although the asafoetida was adulterated the accused was protected by Ext. D1 warranty given by the seller. The learned Magistrate, therefore, acquitted the accused. The State has filed the appeal against the order of acquittal.
(3.) The only point for consideration is whether Ext. D1 warranty would exonerate the accused from criminal liability.;
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