KOLLIPALLI SRINIVASA RAJU Vs. STATE OF A.P.

JUDGEMENT

(1.) The Revision has been preferred under Sec. 397 and 401 of Code of Criminal Procedure, 1973 (for brevity 'the Cr.P.C') against the judgment dtd. 1/3/2012 in Crl.A.No.204 of 2010 passed by the learned Principal Sessions Judge, Prakasam Division at Ongole, whereby and whereunder the judgment dtd. 20/10/2010 in C.C.No.235 of 2005 passed by the learned Additional Judicial Magistrate of First Class, Addanki, finding the revisionist guilty for the contravention under Sec. 7 (i) and 2 (ia) (m) of the Prevention of Food Adulteration Act, 1954 (for short 'PFA Act') read with Sub rule 28 Rule 49 of the Prevention of Food Adulteration Rules, 1955 ('the PFA Rules') for the offences punishable under Sec. 16 (1) (a) (i) of 'the PFA Act' and convicted the revisionist under Sec. 255 (2) of 'the Cr.P.C.,' and sentenced him to undergo simple imprisonment for a period of 6 months and to pay a fine of Rs.1,000.00, and, in default, to undergo simple imprisonment for a period of one month

(2.) I have heard the arguments of the learned counsel for the revisionist and the learned Assistant Public Prosecutor.

(3.) Sri Akurathi Ramakrishna, the learned counsel for the Revisionist, while reiterating the grounds raised in the revision, had argued that the shelf life of the packaged drinking water was 21 days as per the information on the sachet and according to PW.1, he had seized or purchased the packaged water sachets from the revisionist on 21/4/2005 and therefore, it could be said that after 21 days from 21/4/2005 i.e., after 12/5/2005, the said water should not be used for analysis, but as per Ex.P-9 analyst report, the water sample was analyzed on 19/5/2005 and therefore, the analysis had no value and the analyst report should not be used against the accused and further, the accused lost his valuable right under Sec. 13 (2) of 'the PFA Act,' but the learned Trial Court failed to appreciate the same and convicted the revisionist erroneously and therefore, the conviction and sentence passed cannot be sustained.