PUBLIC PROSECUTOR Vs. SANKA SANNAYYA

JUDGEMENT

(1.) This appeal by the State is directed against the Judgment of the Judicial First Class Magistrate, Kakinada in C.C. No. 60 of 1967 acquitting the accused of the charge under section 16 (1) read with section 7 of Prevention of Food Adulteration Act, holding that there is no standard prescribed for Ajowan and shown in Appendix B of the Prevention of Food Adulteration Rules.

(2.) The respondent-accused a licensed kirana merchant at Samalkot has been charged for the offence of selling adulterated ajowan at about 10-50 A.M.on 26th March, 1966, to P.W.1, the Food Inspector. P.W.1 has sent the food sample to the Public Analayst who found the sample of ajowan adulterated, as it contained 10.1 per cent of ash insoluable in hydrochloric acid. P.W. 2 is the successor to P.W.1 who, after the receipt of the report of the Public Analyst, filed the charge sheet against the accused. P.W. 3 is the owner of a coffee hotel at Samalkot and the panchayatdar who was present at the time of the sale of ajowan by the accused to P.W. 1 and he corroborates the testimony of P.W. 1.

(3.) The accused, in his statement, admits the sale to P.W.1 of 350 grams of ajowan on receipt of 68 paise, for being sent to the Public Analyst for examination, but contends that the sample sold by him was pure ajowan and he did not commit any offence.