FOOD INSPECTOR, KARIMNAGAR REP. BY THE THE PUBLIC PROSECUTOR, HIGH COURT OF A.P., HYD. Vs. KOTHAKONDA SHANKER

JUDGEMENT

(1.) This is an appeal filed by the State against an order of acquittal. The respondent herein was prosecuted for offences under Sec. 2 (ia) (j) and 14 A read with 7 (1) of the Prevention of Food Adulteration Act.

(2.) The case of the prosecution is that P.W.I. inspected the shop of the accused and on inspection he found about 19 kgs. of redgram dall to be adulterated, that he purchased 750 grams of redgram dall, after paying Rs. 4.85 Ps. and obtaining a receipt from the accused, that he divided the dall purchased into three equal parts and put the same in three clean, dry and empty polythene covers and sent one of them to Public Analyst and that the Public Analyst opined the sample was adulterated. The prosecution examined P.Ws. 1 to 4 and marked Exs. P.I to P.31 in support of its case. The trial court, disbelieving the evidence of the prosecution, acquitted the accused.

(3.) In this case, P.W. I placed the samples in polythene bags. This Court on a number of occasions found that samples must be put in suitable bottles. As per rule 14 of the Rules framed under the Act the samples must be kept in suitable bottles. Thus, there is violation of rule 14 by the prosecution. Hence see no reason to interfere with the order of acquittal recorded by the trial court.