FOOD INSPECTOR AMADALAVALASA Vs. TALLURI RAMAMOHANA RAO

JUDGEMENT

(1.) The lower Court recorded acquittal of the respondents 1 to 4/A1 to A4 of the offence under Section 16(1)(a)(i), 7(i) and 2(i)(a)(f) of the Prevention of Food Adulteration Act, 1954 (in short, the Act) and questioning the same, the State filed this appeal.

(2.) The Food Inspector, PW1 took samples of Spik Cola Soft Drinks from shop of the accused by name M/s. Vijayalaxmi Aerated Waters, Amadalavalasa and sent one of the samples for analysis. The Public Analyst after analysis sent Ex. P19 report opining that the sample does not conform to total plate count and yeasts and moulds and also contains E.Coli and is therefore adulterated. After obtaining written consent from the Director, PW1 instituted the complaint before the Magistrate.

(3.) The lower Court recorded acquittal on two grounds namely, that there was no service of notice under Section 11(1)(a) of the Act and that notice issued by the Food Inspector to the accused under Section 13(2) of the Act was delayed abnormally.