PUBLIC PROSECUTOR Vs. PASALA JOGI

JUDGEMENT

(1.) In C.C.No. 545 of 1963 the Food Inspector of Guntur Municipality filed a complaint against Pasala Jogi of an offence under Section 16(1) read with Section 7(1) of the Prevention of Food Adulteration Act (Central Act XXXVII of 1954) (hereinafter referral to as the Act). The case came to be tried in the Court of the learned Additional District Munsif-cum First class Magistrate, Guntur. The latter acquitted the accused. The learned public prosecutor filed this appeal against the order of acquittal.

(2.) The prosecution case, supported by three witnesses, is to the following effect. The Food Inspector (P.W. 1) alone with a Sanitary Maistry stopped the accused who was taking milk in a sealed can on a tricycle for sale. P. W. 1 called a Panchayatdar namely, P. W. 2, who was the owner of a tea stall nearby and then purchased one and half Ibs. milk for Rs. 0-45 np. for analysis and observed the necessary precautions by way of putting in three bottles and sealing them etc. The report of the Public Analyst showed that the milk contained 27 percent of added water.

(3.) When examined about the seizure of the milk from him, sampling etc., the accused admitted the truth of the evidence of the witnesses. He did not examine any defence witnesses.