PUBLIC PROSECUTOR ANDHRA PRADESH Vs. CHITRALA VENKATASWAMY

JUDGEMENT

(1.) This is an appeal by the State Government against the acquittal of the respondent of an offence under section 16 read with section 7 of the Prevention of Food Adultereation Act, 1954. The accusation against the respondent was that on 26th May, 1959, he had sold adulterated ghee which had been kept in his retail shop at door No. 1/187 in Kurnool and was, therefore, liable to be punished under the Act.

(2.) The plea of the respondent was one of denial and he merely said, " I did not commit the offence ". The learned Magistrate who tried the case acquitted the respondent on the sole ground that there had been a " flagrant violation " of the provisions of section 10 of the Act inasmuch as the Sanitary Inspector (P.W.1) when he bought the ghee from the respondent for the purpose of sending it for analysis, did not call upon two persons to be present and witness the proceeding. It is contended on behalf of the State that the learned Magistrate has fallen into a grave error in holding that there had been a violation of the provisions of section 10(7) of the Act and in acquitting the respondent on the ground that he had been prejudiced thereby.

(3.) The facts of the case, as spoken to by the Sanitary Inspector (P.W.1), are as follows : The respondent runs a retail shop at Kurnool in the premises bearing No. 1/187 near the No. 1 Town Police Station. On 26th May, 1959, P.W.1 and his maistries went to the respondent's shop at 8 A.M. and demanded a sample of ghee. P.W. 1. told the respondent that it was intended for being sent for analysis. He served a notice on the respondent in the prescribed form and it is Exhibit P.1. It says :