PUBLIC PROSECUTOR (A.P.) Vs. CHITRALA VENKATASWAMY

JUDGEMENT

(1.) This is an appeal by the State Government against the acquittal of the respondent of an offence under Section 16 lead with Section 7 of the Prevention of Food Adulteration Act, 1954. The accusation against the respondent was that on 26.5.1959 he had sold adulterated ghee which had been kept in his retail shop at Door No. 1/187 in Kurnool and was, therefore, liable to be punished under the Act.

(2.) The plea of the respondent was one of denial and he merely said. "I did not commit the offence".

(3.) The learned Magistrate who tried the case acquitted the respondent on the sole ground that there had been a "flagrant violation" of the provisions of Section 10 of the Act inasmuch as the Sanitary Inspector (P. W. 1) when he bought the ghee from the respondent for the purpose of sending it for analysis, did not call upon two persons to be present and witness the proceeding.