PUBLIC PROSECUTOR Vs. AKULA BANGARAMMA

JUDGEMENT

(1.) 1. This appeal is by the State against the acquittal of the accused in C.C.No 257/70 on the file of the Addl. Judicial 1st Class Magistrate, Vizianagaram on the Charge u/s. 16(1) and 7 read with Section 2 (1)(a) and (1) of the PREVENTION OF FOOD ADULTERATION ACT, 1954.

(2.) The case for the prosecution is that on 20-8-70 at about 7-30 A M. P W.1 the Food Inspector attached to Vizianagaram Muncipality found the accused in possession of four seers of cow's milk for sale at Butchanna Tank Road and from her he purchased 1/4th seer of milk paying Rs. 0-75 and observing the necessary formalities, divided them into three portions, sealed them in three clean bottles and sent one to the Public Analyst and his report shows that the sample was 15% deficient of the minimum amount of solids-not-fat and it is therefore adulterated. In support of its case, the prosecution had examined P.Ws. 1 to 3.

(3.) The accused on the other hand contended that she is running a tea stall and in this tea stall she had kept milk for preparation of tea and P.W. 1 took sample from this and there was no sale as such. In support of her contention, she had examined two witnesses.