FOOD INSPECTOR Vs. POOSARLA SREERAMAMURTY

JUDGEMENT

(1.) The Food Inspector, Bobbili Municipality had preferred the present Criminal Appeal as against the order of acquittal recorded in Criminal Appeal No.35 of 1997 on the file of Additional Sessions Judge, Vizianagaram reversing the judgment made in C.C.No.11 of 1993 on the file of Additional Judicial First Class Magistrate, Bobbili.

(2.) Learned Additional Public Prosecutor had taken this Court through the findings recorded by the appellate Court and would submit that the main ground on which acquittal had been recorded is that the procedure under Rule 17 and 18 of the Prevention of Food Adulteration Rules, 1955 had not been followed and this procedure is only directory and hence, the same cannot be sustained.

(3.) Per contra, the learned counsel for the respondent/accused Sri C. Praveen Kumar would contend that this Court had taken a view that Rule 18 is mandatory and non-compliance there of would vitiate prosecution as held in Food & Sanitary Inspector, Giddalur v. K. Subbaratnam (1983 Crl.L.J. 1801). Heard both the counsel. The conviction recorded and sentence imposed on 04.04.1997 in C.C.No.11 of 1993 on the file of Additional Judicial First Class Magistrate, Bobbili were set aside in Criminal Appeal No.35 of 1997 on the file of Additional Sessions Judge, Vizianagaram on 23.11.1998.