FOOD INSPECTOR Vs. GUDIPALLI AYYAPPA

JUDGEMENT

(1.) The Food Inspector, Nellore District filed the present Criminal Appeal against the order of an acquittal recorded by the Additional Judicial Magistrate of I Class, Kovur dated 31st day of December 1998 in C.C. No. 74 of 1995.

(2.) The State of Andhra Pradesh, represented by the Food Inspector, Nellore filed complaint against the accused under Sections 16(1)(a)(i), 7(i) and 2(i-a)(m) of Prevention of Food Adulteration Act. 1954 (hereinafter in short referred to 'the Act' for the purpose of convenience) alleging that he visited the shop of accused situated at Annareddypalem on 15-11-1994 at about 3.00 p.m., along with his attender, P.W. 2 found the articles kept in the shop for human consumption and at the relevant point of time the accused was transacting the business and he had secured the presence of mediator, P.W. 3 and found an open tin containing about 10 Kgs. of Groundnut oil and suspected its quality and purchased 450 gms. of Groundnut oil by paying Rs. 17.10 ps. and obtained a receipt and he had also served Form Vi notice on the accused expressing his intention of sending the purchased Groundnut oil sample to the Public Analyst, Andhra Pradesh, Hyderabad for the purpose of analysis and the mediators and accused also had signed on receipt and Form VI notice and he divided the sample into three equal parts and poured them into three clean, dry and empty bottles and corked and sealed the bottles as per procedure under the Act and Rules and sent one of the bottles to the Public Analyst and by keeping the remaining two bottles with the Local (Health) Authority, Nellore. The Public Analyst analysed the sample and opined that the sample does not conform to acid value and contained Castor oil and hence adulterated. On receipt of Public Analyst report, the Food Inspector sent a detailed report to the Director, Institute of Preventive Medicine Public Health and Food (Health) Authority, Andhra Pradesh, Hyderabad and the competent authority on perusal of the relevant documents, accorded permission to launch prosecution against the accused.

(3.) Prosecution examined P. Ws. 1 to 3 and Exs. P-1 to P-22 were marked. On appreciation of the evidence available on record, the learned Magistrate recorded on acquittal and aggrieved by the same the present criminal appeal is filed by the State.