FOOD INSPECTOR Vs. NARAYANA UMAMAHESWARA

JUDGEMENT

(1.) This is an appeal preferred by the State against the judgment dated 03-09-1999 passed in S.T.C. No. 56 of 1998 on the file of the Judicial First Class Magistrate, Uravakonda, acquitting the respondent- accused of the offences punishable under Sections 16 (1) (a), (i), 7 (1) and 2 (ia) (m) of Prevention of Food Adulteration Act, 1954 and Rules 1955 (for short 'the Act and the Rules').

(2.) The case of the prosecution, in brief, is that on 17-12-1997 at about 3.30 p.m. the Food inspector (P.W.1) inspected the Kirana shop of the accused in the presence of P.W.2- mediator. On suspicion that 15 kgs of dhal kept in an open gunny bag, is adulterated, he purchased 750 gms of the said dhal by paying the price and after dividing the purchased dhal into three parts as per the procedure prescribed under the Act, sent one sample to the Public Analyst for analysis. The Public Analyst after analysis opined that the sample does not conform to the standards of Weevil led grains and Uric acid content and is, therefore, adulterated. After following the procedure prescribed under the Act and the Rules, a compliant was filed which was taken on file by the learned Magistrate.

(3.) In order to prove the guilt of the accused, the complainant-Food Inspector himself was examined as P.W.1 besides examining P. W.2 and got marked Exs.P.1 to P-18. On a perusal of the evidence, both oral and documentary, the Court below acquitted the respondent- accused on the ground of non-compliance of the mandatory provision as contemplated under Rule 18 of the Rules. Hence, this appeal.