PUBLIC PROSECUTOR Vs. MALLA RAMA RAO

JUDGEMENT

(1.) This is an appeal against the acquittal of the accused in C.C. No. 209 of 1965 on the file of the Munsif-Magistrate, Visakhapatnam, of an offence of the sale of adulterated curd to the Food Inspector, punishable under section 16 (1) of the Prevention of Food Adulteration Act, 1954 (Central Act XXXVII of 1954), hereinafter to be referred to as the Act.

(2.) The facts of the case were that the accused was a regular curd vendor and known as such to the Food Inspector, Visakhapatnam Municipality, P.W. 1. On 23rd June, 1965 at 10-15 A.M. he (P.W. 1) saw the accused at Door No. 13-9-18 in Dandu Bazaar Road, carrying buffalo curd in two aluminium vessels. He stopped him and tested the said curd and suspected it to be adulterated. He called. the residents of the house P.W. 2 and another, to be mediators and purchased 3/4. seer of the said curd paying the accused 19 paise and obtained Exhibit P-4 receipt.

(3.) He then served on the accused Form 6, notice, duplicate copy of which is Exhibit P-5 Then he put the curd purchased' in three clean dry bottles, sealed and labelled, them after adding 16 drops of Formalin to each of the bottles. He gave one such bottle to the accused. He then seized the Aluminium vessels with the remaining, curd under the mediators' report, Exhibit P-6. He forwarded one of the sample bottles to the Public Analyst. He received the report, Exhibit P-8, that the sample contained 80 per cent, of extraneous water and was therefore adulterated. He- then initiated proceedings against the accused.