PUBLIC PROSECUTOR Vs. BOGGARAPU PULLAIAH

JUDGEMENT

(1.) This appeal is by the State against the acquittal of the accused of the charge under sections 16 (1) and 17 read with section 2 (1) (a) (1) of the Prevention of Food Adulteration Act,, 1954.

(2.) On 31st December, 1970 at 10 A.M P.W. 1 the Food Inspector went to the fancy peppermints and biscuits shop at Door No. 2 Street No. 7 in Nandyal and found 25 peppermint packets containing 200 grams each. Suspecting them to be adulterated, he asked the accused who was in the shop to give the sample for analysis and in the presence of mediators purchased 200 grams of peppermints and paid the money. He mixed up these peppermints, divided them into three portions, put them in three clean bottles and sealed them and sent one such bottle to the Public Analyst and his report showed that the sample contained ash insoluble in dilute Hydrochloric acid, in excess of the prescribed limit and therefore it is adulterated. Hence the prosecution under the above section.

(3.) The accused denied the offence and stated that he was not in the shop on the morning of 31st December, 1970 when P.W. 1 is alleged to have visited the shop, that it is his sons that look after the shop in morning and that when he went to the shop in the afternoon, P.W. 1 came and obtained his signatures by threats. It was also contended by the accused that he is only a partner in the firm of Boggarapu Pullaiah Chetty and sons which is a registered firm and he filed the partnership deed pertaining to the said firm.