KATTAMASU VENKATA PULLA RAO Vs. STATE

JUDGEMENT

(1.) This revision is filed by A. 3 against the conviction under section 16(1) and 7 read with section 2(a)(e) of Prevention of Food Adulteration Act and sentence of one year R.I. and a fine of Rs. 2,000.00.

(2.) The facts of the case are, on 31.1.1986 at about 3.30 pm. the Food Inspector P.W. I, inspected the premises of oil mill and purchased the sample. After following the procedure, he sent one sample bottle to the Analyst. After analysing the sample, the Analyst sent the report Ext. P. 1 stating that the sample is adulterated. Thereafter complaint was filed. The petitioner filed a petition for permission to send the second sample for the expert opinion to the Central Laboratory. The court gave a direction to send the sample to the Director, Central Laboratory. The sample was sent to Bangalore and when it was returned on the point of jurisdiction, it was again sent to the Director of Central Laboratory, Pune. Ext. p. 13 was issued by the Director, Central Laboratory, Pune, stating that the sample is adulterated.

(3.) The prosecution has examined P.Ws. 1 to 3, the Food Inspector, Maistry and the Mediator. The Trial Court convicted A. 1 to A. 3 and sentenced each of them to suffer one year R.I. and Rs. 2,000.00 fine. On appeal, the Appellate Court acquitted A. 1 and A. 2 on the ground that they were not present when the sample was taken and confirmed the conviction and sentence of A. 3. Against the order, the present revision is preferred by A. 3.