State by Food Inspector, Villupuram by Public Prosecutor vs Mani

Swamidurai, J.—This appeal has been filed by the State against the judgment made in C.C. No. 565 of 1983 acquitting all the accused of the offences punishable under Sections 7(1) and 16(1)(a)(1) read with Section 2(1a)(a) and (m) of Prevention of Food Adulteration Act, 1954.

P.W.1 is the Food Inspector of Villupuram Municipality. On 16-6-1983, at 7.05 hours (sic) Pushpanatnan and one Ravi went along the Gandhiji Road, Villupuram and found the accused carrying milk in a can on a cycle. Suspecting the milk to be adulterated, P.W.1 gave him Form VI notice informing him of his intention to purchase the milk and P.W.1 purchased 900 Ml. of milk for Rs. 1.80 under Exhibit P.2 receipt. He divided the milk into three parts and poured them in three separate dry and clean bottles. Then he sent one sample to the Public Analyst for his report with intimation to the local health authority and sent the two other samples to the local health authority. Then he received a report from the Public Analyst and found the sample to be adulterated. He preferred the report in the lower Court on 2-7-1983 and served the notice as required u/s 13(2) of the Act on the accused on 4-7-1983. The lower Court has acquitted the accused on several grounds of which the non-compliance of the provisions u/s 13(2) of the Act is one. P.W.1 gave evidence in the lower Court that he presented the case on 2-7-1983 whereas the seal of the Court on the complaint is dated 4-7-1983. The Magistrate has taken the case on file on 5-7-1983. P.W.1 also gave evidence in cross-examination that he served the notice as required u/s 13(2) of the Act at 7-30 A.M. on 2-7-1983. The case was admittedly instituted only on 5-7-1983. Therefore, the provision of Section 13(2) of the Act has not been followed in this case. This is a mandatory provision of law and the non-compliance of this provision vitiates the trial itself. The lower Court has acquitted the accused correctly and I confirm the judgment of the lower Court.

The criminal appeal is dismissed.