PUBLIC PROSECUTOR Vs. EDIGA VENKATA SWAMI

JUDGEMENT

(1.) This appeal is directed against the order of the Judicial First Class Magistrate, Kurnool dated 20/09/1960 in C. C. No. 73 of 1960, acquitting the respondent herein of a charge under Section 7 and 16 (1) read with Section 2 (1) (a) and rule 44 (B) of the Prevention of Food Adulteration Act (Act 37 of 1954), hereinafter called the Act.

(2.) The respondent was charge-sheeted by the Municipal Health Officer, Kurnool, under the provisions of the Act alleging that on 15-10-1959 at about 6-30 a.m. he was found in possession of adultered cow milk, which he was carrying for the purpose of sale. It is stated that three-fourth seer of milk was taken from the respondent with the usual formalities and sent to the Public Analyst on 20-10-1959. The Public Analyst gave the opinion (Ex. P-4) that the milk was adultered containing 11% of added water. The opinion was given on 14/05/1960 and subsequently a charge-sheet was laid against the respon1960. The respondent pleaded not guilty.

(3.) The learned Magistrate examined the Sanitary Inspector and one more witness and found the accused not guilty mainly on the ground that there was inordinate delay in the analysis of the sample sent and also in filing of the charge-sheet. It is against this order that the appeal has been filed.