FOOD INSPECTOR KOVUR HYDERABAD Vs. JALADANKI FAJAMMA

JUDGEMENT

(1.) This appeal is preferred by the State against the order made by the Additional Judicial Magistrate of First Class, Kovur in C.C No.17 of 1982 on his file acquitting the accused therein of the charge framed against them under Sec.2(i)(a)(1) read with Secs.7 and 16(1) of the Prevention of Food Adulteration Act, on a complaint filed by the Food Inspector, Nellore.

(2.) The meterial facts giving rise to the above appeal preferred by the State lie in a narrow compass and do not admit of any controversy. The 1st respondent is the wife of the 2nd respondent. The 2nd respondent is a dealer in red gram dal at Bedavaluru in Kovur Taluk. On 20-5- 1980 at about 10 a. m. the Food Inspector of Nellore, P.W. 1 along with his Sanitary Maistry, P.W.2 visited the shop of the respondents and purchased a sample of red gram dal from a bag containing the commodity exposed for sale, after observing the necessary formalities. On analysis by the public analyst the same was found to be adulterated. Though the sample was received by the public analyst on 26-5-1980 it was only on 16-7- 1980 he despatched his report of the result of the analysis of the sample. A copy of his report was also not supplied to the respondents immediately after institution of the complaint against them.

(3.) The learned Magistrate acquitted the respondents mainly on the ground that the provisions of Sec.13(2) of the Act read with Rules 7(3) and 9-A of the Rules were violated.