PUBLIC PROSECUTOR Vs. EMMILI AKKAMMA

JUDGEMENT

(1.) The Public Prosecutor filed this appeal against the judgment of the learned Additional District Munsif-cum-First Class Magistrate, Madanapalle, in C.C. No. 162 of 1963 on his file acquitting the sole accused, Emmili Akkamma, of offence under section 7 read with section 16 (1) of the Prevention of Food Adulteration Act, 1954. The relevant facts are as follows.

(2.) The Food Inspector (Health Inspector) of the Local Authority, Arogyavaram, filed a complaint in the Court of the learned Magistrate to the following effect. The accused had a licence to sell curd and buttermilk in Sanatorium Local Authority area. During July, 1963, due to sudden outbreak of cholera in neighbouring villages, all such vendors were permitted by Sanatorium Local Authority to sell heated milk instead of curd and buttermilk till the neighburing villages were free from cholera. During that period, all curd and buttermilk vendors were selling only heated milk in the Sanatorium. On 24th July, 1963, the Food Inspector purchased three soligas of heated milk, which was mixture of cow, buffalo and goat milk, observing due formalities. On analysis, it was found to contain 15 per cent, of extraneous water as calculated from the content of non-fatty solids. The prosecution examined two witnesses, namely, the Food Inspector (P.W.1) and the local postman (P.W. 2) who was present at the time when the purchase was made by P. W. 1 from the accused. Both of them deposed that the accused said at that time that she had brought mixture of cow, buffalo and goat milk, which had been boiled and cooled, for purposes of sale. .In the panchanama (Exhibit P-3), which P.W. 1 prepared on the spot and was signed by P. W. 2, this fact was mentioned. The accused denied the offence, when examined under section 242, Criminal Procedure Code and pleaded as follows :- " I told him that I had added buttermilk to the milk and the Health Inspector told me that the notice served on me was to that effect. He paid me a sum of Re. 0.30 nP. I was weeping. I do not know how many soligas of milk he took..................................................... The postman was not present then. He was looking into books inside. While I was weeping,' they took milk.............................................................................' The Health Inspector issued to me a licence to sell buttermilk. I was selling buttermilk'.' There was cholera in that area. So. P.W. 1 told me that the milk which was boiled and cooled and to which buttermilk was added only should be sold. So I added buttermilk to the milk which was boiled and cooled and I was selling the same. "

(3.) She examined one defence witness (D.W.1) who was a resident of Gandlapalli, the village of the accused. He deposed as follows,:- " There was cholera in the villages in July. She was boiling the milk and cooling the same and was selling it after adding buttermilk to it. She was doing like that as she was instructed to do so by the Health Inspector due to prevelance of cholera. In the second week of July, I was going to Madana-palle ma Sanatorium. At that time, the Health Inspector instructed the accused to boil the milk, cool it and sell it after adding butter-milk to it."