FOOD INSPECTOR BOBBILI MUNICIPALITY Vs. RADHE SHYAM JAJU

JUDGEMENT

(1.) The Food Inspector, Bobbili Municipality, Bobbili, represented by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad, preferred the present Criminal Appeal as against an order of acquittal recorded against A-1 in C.C.No. 220 of 1992 on the file of the Additional Judicial Magistrate of First Class, Bobbili, who is the appellant in Criminal Appeal No. 12 of 1997 on the file of the Sessions Judge, Vizianagaram.

(2.) The Food Inspector aforesaid, prosecuted A-1 and A-2 in C.C.No. 220 of 1992 on the file of the Additional Judicial Magistrate of First Class, Bobbili and the learned Magistrate acquitted A-2, but convicted A-1 on the ground that A-1 is not entitled to the benefit of warranty under Section 19(2) of the Prevention of Food Adulteration Act, 1954 (hereinafter in short referred as "Act" for the purpose of convenience). Aggrieved by the said conviction and the sentence imposed by the Additional judicial Magistrate of First Class, Bobbili, A-1 preferred Criminal Appeal No. 12 of 1997 on the file of the Sessions Judge, Vizianagaram and the appellate Court allowed the appeal and recorded an acquittal and aggrieved by the same, the present criminal appeal is filed.

(3.) Heard the learned counsel on record.