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1960 Supreme(Ker) 77

ANNA CHANDY, SANKARAN
City Corporation of Trivandrum – Appellant
Versus
V. P. N. Arunachalam Reddiar – Respondent


Judgment :-

1. This appeal arises out of a prosecution instituted under the provisions of the Prevention of Food Adulteration Act (Act 37 of 1954). The Food Inspector of the Trivandrum Corporation started the prosecution by filing a complaint against the two accused who are the respondents in this appeal. The prosecution case is that the shop, bearing TC No. 698 at Karamana within the Corporation limits, belongs to the first accused and the main business carried on in that shop is the sale of oils and other food stuffs. The second accused is said to be an employee under the first accused, and it was the second accused who was in charge of the sales conducted in the shop. The allegation against the accused is that they used to sell adulterated oil in the shop. The second accused is stated to have been selling adulterated oil for and on behalf of the first accused. On 30-7-1957 Pw.1, the Food Inspector of the Corporation, went to this shop and purchased 12 ozs. of gingilly oil from the accused and after issuing the necessary notice to the accused, sent a portion of it to the Public Analyst. As a result of the analysis, it was found that the oil which was sold as gingilly oil containe









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