P RAJESWAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The accused in C C No. 83 of 1986 is the petitioner in this Crl. Revision Case. The Food Inspector, Nalgonda District laid a complaint against the accused for an offence under Sec. 7 r/w Section 2 (ia) (h) and (j) and rule 44(h) of the Prevention of Food Adulteration Act, 1954 and Rules 1955 punishable under Sec. 16(1 A) of the Prevention of Food Adulteration Act and also for contravention of the provisions of Sec. 14(A) punishable under Sec. 16(1C) of the Prevention of Food Adulteration Act. The case of the prosecution was that the sample of Santosh Brand Haldi Powder purchased by the Food Inspector from the shop of the accused was found to be adulterated by the Public Analyst who opined that the sample was not conforming to the ash insoluble in dilute Hydrochloric acid and total starch and contains rice starch and rice husk and metanil yellow, a non-permitted coaltardye, which is injurious to health and was therefore adulterated.

(2.) On appearance, the accused was applied with copies of all documents relied upon by the complainant. Relying on the orders passed in G O Ms No. 441 M & H dated 29-7-1985, the trial of the case has been proceeded under summary Procedure and the accused was examined under Sec 351 Cr PC. The accused admitted the offence and pleaded guilty. Therefore, he was convicted and sentenced to suffer R. I. for one year and also to pay a fine of Rs 2,000/- and in default to suffer S.I. for six months for the offence under Sec. 7 r/w Sec. 2(ia) (h) and (j) and Rule 44(h) of the Prevention of Food Adulteration Act, 1954 and Rules 1955 r/w Sec. 16(1A) of the Prevention of Food Adulteration Act. The accused was further sentenced to suffer R I for two months and also to pay a fine of Rs. 500/- and in default to suffer S I for one month for the offence under Sec. 14(A) r/w Sec. 16(IC) of the Prevention of Food Adulteration Act. It was ordered that the sentences shall run concurrently.

(3.) The accused preferred an appeal in Crl. Appeal No. 96/86 in the Court of the Addl Sessions Judge, Nalgonda. The learned Addl. Sessions Judge confirmed the conviction, but reduced the sentence of imprisonment from one year to six months under Sec. 16 of the Prevention of Food Adulteration Act and ordered that the other conviction and sentences passed by the trial Court should be maintained.