M MOHAMMAD Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner was convicted by the III Metropolitan Magistrate, Hyderabad, in S.T.C. No.336 of 1976, of the offence punishable under sections 16 (1) (a) (i) read with sections 7 (1) and (2) (i) (a) (d) and (j) of the Prevention of Food Adulteration Act, and was sentenced to suffer rigorous imprisonment for six months and also to pay a fine of Rs. 1,000. The conviction and sentence were confirmed in appeal.

(2.) The case of the prosecution is that the accused runs a restaurant called Meer Cafe, located in premises bearing number 10-3-12/6, Mehdipatnam, Hyderabad. On 13th September, 1976, at about 9-30 P.M. P.W.1 the Food Inspector of Circle Nos. 4 and 5, visited the said restaurant of the accused and purchased 1500 grams of biryani for purposes of analysis after complying with necessary formalities. He paid Rs.7-50 and obtained a receipt therefor. All these formalities were complied with in the presence of P.W. 3, who is a dealer in sweetmeats at Mehdipatnam, and one Krishnarao, a Lower Division Clerk. Thereafter P.W. 1 divided the biryani into parts, poured them into three clear, dry and empty bottles, added 40 drops of formalin in each bottle, and the bottles were corked, sealed and labelled. One specimen was sent to the Public Analyst who opined as per Exhibit P-9, that the same contained mctanil yellow, a coal tar dye, use of which in food is not permitted and is, therefore, adulterated. After completion of the investigation, the prosecution was launched against the accused. Two witnesses were examined for the prosecution of whom P.W.1, is the Food Inspector himself and P.W. 2 is the Panchayatdar. The plea of the accused was one of denial.

(3.) The trial Court after a scrutiny of the entire evidence found that the accused was guilty and convicted and sentenced him, as stated above. The conviction and sentence were confirmed by the appellate Court.