THE PUBLIC PROSECUTOR, ANDHRA PRADESH Vs. JAMPANA NARASIMHARAJU

JUDGEMENT

(1.) This is an appeal by the State Government against the judgment of the First Class Magistrate, Bhimavarm, in Calender Case No. 80 of 1957, by which he acquitted the respondent of an offence under Section 16 (1) read with Section 7 of the Prevention of Food Adulteration Act, 1954.

(2.) The case for the prosecution was that on 31-10-1956 P. W. 2, the Sanitary Inspector, purchased half a seer of buffalo's milk from the respondent for four annas and a sample of this milk was sent to the Public Analyst, who certified that it contained 36% of water. At the time when the transaction took place, the Sanitary Inspector did not follow the procedure prescribed by Sub-Section 7 of Section 10 of the Prevention of Food Adulteration Act 1954. Sub-Section 7 is to the following effect:-

(3.) In the instant case, action was taken under Cl. (a) of Sub-Section 1. The Sanitary Inspector however, did not even make an attempt to comply with the provisions of this sub-section. He admitted in cross-examination; that he did not take any mediators with him nor did he try to get mediators.