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1965 Supreme(Ker) 138

ANNA CHANDY
Food Inspector, Cannanore Municipality, Cannanore – Appellant
Versus
Pandavalappil Kannan – Respondent


Advocates:
A. Mohammed, P.S. Usuph and P.K.M. Hassan for Appellant; A. Achuthan Nambiar and T.P. Kelu Nambiar, for Respondent.

JUDGMENT : This appeal is by the Food Inspector of the Cannanore Municipality against the order of acquittal passed by the Sessions Judge in a case in which the District Magistrate convicted the accused under S. 16(1) (a) and 16(2) read with S. 7 of the Prevention of Food Adulteration Act and sentenced to simple imprisonment for one year and a fine of Rs. 2,000. The learned Sessions Judge by judgment dated 16th September 1964 acquitted the accused for the failure on the part of the Food Inspector to comply with the requirements of S. 10(7) of the Act. The complainant took the matter in appeal to the High Court. The appeal was allowed, holding that non-compliance with S. 10(7), even if it exists, is only an irregularity and it was open to the Court to consider whether the evidence of P.W. 1 could safely be accepted. The case was therefore remanded for fresh disposal to the Sessions Court. Then the appellant raised two fresh grounds of attack against the order of conviction; (i) that the quantity of formalin added was insufficient and (ii) that there was no proper compliance of Rules 7 and 18 of the Food Adulteration Rules. On a proper consideration of the evidence of the Food Inspec










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