KAMALAPURAM NARAYANA SETTY Vs. STATE OF A P

JUDGEMENT

(1.) This Criminal Revision Case is directed against the judgment in Criminal Appeal No.151 of 2000 dated 14-6-2001 on the file of the II Additional Sessions Judge, Kurnool confirming the conviction and sentence awarded by the Judicial Magistrate of First Class at Kurnool in CC No.385 of 1998 for the offence under Section 16 (1) (a) (i), 7 (i) and (v) and 2 (ia) (m) of the Prevention of Food Adulteration Act ('the Act' for brevity) read with Rules 29 and of Prevention of Food Adulteration Rules ('the Rules' for brevity).

(2.) The facts of the case are that on 30-5-1998, at about 11.00 a.m. the Gazetted Food Inspector visited the shop of the accused who being the revision petitioner herein situated at D.No.2-75 of Amadaguntla village, Kodumur Mandal, Kurnool District and purchased 750 grams of Red Gram Dal for Rs.22.00 and obtained a cash receipt. After serving Form-VI notice on the petitioner informing that the said Red Gram Dal will be sent to Public Analyst, Hyderabad for analysis, he had divided the sample and kept them in plastic tins separately and has sent one sample to the Public Analyst, Local (Health) Authority, Hyderabad. After receiving the report from the Public Analyst stating that the food sample contained added synthetic food colour and that the same does not conform to the standards of damaged grains, he presented the complaint before the court after obtaining sanction. A notice under Section 13(2) of the Act was also served on the accused. The Revision Petitioner has availed the opportunity of sending the sample to the Central Food Laboratory, Ghaziabad and a report has been received from the Central Food Laboratory (Ex.P-2) stating that:

(3.) Thereafter, the trial was conducted and the accused was found guilty for the offence punishable under Section 16(l)(a)(i), 7(i) and (v) and 2 (ia) (m) of the Act read with Rule 29 and 23 of the Rules and accordingly he was sentenced to suffer Simple Imprisonment for six months and to pay a fine of Rs.1,000/- and in default to suffer Simple imprisonment for two months. Aggrieved by the same, the accused carried the matter in appeal being Criminal Appeal No. 151 of 2000 before the II Additional Sessions Judge, Kurnool. The learned II Additional Sessions Judge dismissed the appeal by judgment dated 14-6-2001 and confirmed the conviction and sentence awarded by the trial court. Thereupon, the accused has invoked the revisional jurisdiction of this court by way of this present Criminal Revision Case.