KOTHA VEERABHADRAM Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The revision is filed by the accused who was convicted under Sections 16(1) and 7 read with Sec. 2(i)(a) and (m) of the Prevention of Food Adulteration Act and sentenced to suffer simple imprisonment for three months and to pay a fine of Rs. 500.00. He owns a petty shop where he sells provisions. On 28.5.1977 the Food Inspector found turmeric powder in his shop for sale and he took a sample of the same after fulfilling all the formalities and sent it to the Chemical Analyst. The Analyst opined that it was adulterated. Relying the evidence of P.Ws. 1 and 2 the learned Magistrate had convicted the accused.

(2.) The plea of the accused that the turmeric powder was not meant for sale or for human consumption but only for colouring thresholds, was not believed by the lower court.

(3.) In this revision, the learned counsel for the petitioner contends that in tact the turmeric powder was not meant for sale for human consumption but only for colouring the thresholds, It is submitted that on the tin in which turmeric powder was kept, it was written that it is meant for colouring thresholds. It is also stated that 600 grams of turmeric powder was sold to the Food Inspector for Rs. 2.70 p. while the market rate was Rs. 13.00 to Rs. 14.00 per kilogram and therefore that turmeric powder was not meant for sale for human consumption.