S Rajendran J:

This is an appeal by the public prosecutor against the order of a District Judge acquitting the respondent on the following charge on which he was tried:

You, Teo Kwang Kiang

NRIC No. 0323429-J

are charged that you on 10 November 1987 at about 9.15 a.m. at Pasir Panjang Wholesale Centre (Vegetable Auction Hall) without lawful excuse had in your possession, a food intended for human consumption, to wit snow peas (vegetable) which was unfit for human consumption, in that it contained 38.34 ppm of dithiocarbamathes (carbon disulphide), and you have therefore committed an offence under s. 40(1) of the Environmental Public Health Act 1987, and punishable under s. 42(1) of the aforesaid Act.

At the trial the prosecution led evidence that in the morning of 9 November 1987, at Pasir Panjang Wholesale Market, officers from the Ministry of Environment took a sample of snow peas from a basket of peas in the possession of the respondent. The sample of snow peas was sent for analysis and was found to contain 38.34 ppm of carbon disulphide. Dr. Chng Ai Lee, an analyst with the Primary Production Department, testified that carbon disulphide in excessive quantities causes h