FOOD INSPECTOR CORP OF CALICUT Vs. VELAYUDHAN

JUDGEMENT

(1.) This appeal filed by the Food Inspector, Calicut Corporation, arises from a judgment of the Court of Session, Kozhikode, acquitting the first accused in S. T. C. No. 91/77 of an offence punishable under S.16(1)(a)(i) read with S.7(1) of the Prevention of Food Adulteration Act, hereinafter called the Act.

(2.) On a complaint filed by the Food Inspector (Pw. 1) the respondent herein who was the first accused along with, another, the second accused, were tried on the allegation that the respondent sold 675 ml. of cow milk which belonged to the second accused which was, on analysis, found to be adulterated. The plea of the respondent was one of denial.

(3.) The Trial Court on a consideration of the entire evidence adduced on behalf of the prosecution found the respondent guilty of the offence with which he was charged, convicted and sentenced him to rigorous imprisonment for 6 months and also to pay a fine of Rs. 1000/- and in default to undergo rigorous imprisonment for 2 months. The second accused was acquitted.