BHEEMA OIL MILLS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision is directed against the judgment dated 29-8-1996 in Crl. Appeal No. 37/93 on the file of the Sessions Judge, Ananthapur.

(2.) The facts in giving rise to the filing of this revision are, briefly, as follows: The first petitioner, M/s. Sri Bheema Oil Mills, Bangalore Cross Road, Ananthapur, is a registered firm and the second petitioner Ambati Venugopal Reddy is its Managing partner. P.W.1 Mahboob Jan, Food Inspector, inspected the said mill premises on 21-12-1990 at about 11-00 a.m. along with P.W.2, Santha Murthy, the mediator and found 57,090, Kgs. of groundnut kernal kept in a big heap and also found groundnut oil and he suspected adulteration and purchased 600 Gms. of groundnut kernal from A-2, after issuing Form-VI notice and paying Rs. 7.80 ps. and divided it into three parts, sealed them in empty, dry and clean bottles, as per rules. He also purchased groundnut oil and after complying with the formalities, sealed the samples and sent them for analysis. The Public Analyst found groundnut kemal contained excess of Aflatoxin in excess of quantities permitted under the Rule A-28 of Appendix 'B' and hence, opined that it was adulterated. The Director, State Food (Health) Authority gave consent for launching prosecution against the petitioners and accordingly he filed the complaint.

(3.) The Food Inspector was examined as P.W.I and the mediator was examined as P.W.2 and Exs. P-1 to P-20 were marked. The defence of the accused is that the groundnut kernal was not kept for sale and it used for extraction of oil after drying it. None were examined on their behalf.