FOOD INSPECTOR ANANTHAPUR Vs. ARAVETI GOPINATH

JUDGEMENT

(1.) This appeal is directed against the CC No. 127 of 1996 on the file of the Judicial Magistrate of First Class, Dharmavaram, dated 1-5-1999.

(2.) The Food Inspector, Ananthapur filed a complaint before the Judicial First Class Magistrate, Dharmavaram, alleging that on 23-3-1995 at about 4.00 p.m., the Food Inspector along with his staff visited the kirana shop of the accused located in Door No.1/179, Main Road, Malyavantham Village and he suspected the coffee powder in the packets to be adulterated. Therefore, he purchased six sealed packets on payment of Rs.60/- and obtained a receipt. The Food Inspector served a notice in Form VI on the accused and obtained his acknowledgement. He divided the coffee powder in those six sealed packets into three equal parts and poured them in three clean empty plastic bottles and after completing the necessary formalities, sent one sample to the analyst. The analyst after analysis opined that the sample does not conform to aqueous extract and coffee in content and was therefore adulterated. After obtaining necessary sanction from the Director of Preventive Medicine and State Food Authority, the complaint was lodged against the accused and a charge under Sections 16(l)(a)(i), 7(i) and 2(ia)(m) of the Prevention of Food Adulteration Act is framed against the accused. When he was examined he denied the same.

(3.) The prosecution examined PWs.1 and 2 and marked Exs.Pl to P27. The Court below after considering the evidence came to the conclusion that the complainant failed to establish the guilt of the accused and therefore, the learned Magistrate acquitted him by the impugned judgment. Against the said acquittal, the present appeal is filed questioning the legality and correctness of the order of acquittal.