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1974 Supreme(Ker) 18

E.K.MOIDU, P.NARAYANA PILLAI
State Of Kerala – Appellant
Versus
Neelakantan Damodaran – Respondent


Judgment :-

MOIDU, J.

The respondent in each of the petitions has been convicted under Section 7(1) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954) - hereinafter referred to as 'the Act' - and the respondent in the first of the two petitions was released on admonition under Section 3, and the respondent in the other petition was released on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958 (Central Act 20 of 1958), without awarding any sentence. The State has filed these two revision petitions questioning the impropriety and illegality of the order.

2. The Food-Inspector in the first case purchased gingili oil from the respondent and it was found to be adulterated on analysis by the Public Analyst. The purchase of gingili oil, the procedure adopted by the Food-Inspector in sampling and the final result of the analysis by the Public Analyst were not disputed. On analysis it was found that the standard of the sample of gingili oil was not in conformity with the standard prescribed under the Prevention of Food Adulteration Rules 1955. Under Rule A. 17-11 of the Rules, the Butyro-refractometer readin
























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