FOOD INSPECTOR NALGONDA Vs. JAGINI SURESH

JUDGEMENT

(1.) The Food Inspector of Nalgonda, PW 1, visited the premises of M/s. Lakshmi Kirana and General Merchant, Neruducherla village, Huzurnagar Talqu on 16-10-84 at 1,30 pm, A1 who is the proprietor of the shop was found managing the business. PW 1 took a sample of 450 grams of coconut oil from a tin containing 10 kgs of coconut oil in the presence of an independent panch witness PW 3 and his attender PW 2 for the purpose of analysis and obtained acknowledgement. A I disclosed the source of supply as from M/s Jayalakshmi Traders, Vijayawada PW 1 has divided the sample of coconut oil purchased by him into three equal parts and transferred it into three dry, clean and empty bottles and sealed them. He sent one bottle to the Public Analyst by registered post on 17-10-84. The remaining two bottles of the sample with copies of memorandum in Form No. 7 were deposited in a sealed package with the Local (Health) Authority, Nalgonda. A notice was served on M/s. Jayalakshmi Traders, Vijayawada. The Public Analyst sent his report in Form No. 3 giving his opinion that the sample of coconut oil is adulterated. PW 1 obtained necessary orders from the Local (Health) Authority for prosecuting the accused.

(2.) The plea of the accused is one of denial.

(3.) The learned Munsif Magistrate, Huzurnagar has acquitted A2 to A4 but convicted Al under Sec. 16 (1) (a) (i) r/w Sec. 7(1) and 2 (i) (a) (a) (m) of the Prevention of Food Adulteration Act (for short "the Act") and sentenced him to suffer simple imprisonment for six months and to pay a fine of Rs. 1,000/- in default to suffer simple imprisonment for 2 months.