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2002 Supreme(SC) 610

DORAISWAMY RAJU, R.P.SETHI
Food Inspector – Appellant
Versus
G. Satyanarayana – Respondent


ORDER

The appellant, food inspector visited the shop of the respondent where he was transacting food grains business. Suspecting that the respondent was involved in the sale of adulterated food items, the appellant purchased 750 grams of red gram dal and after compliance of the statutory formalities, sent one of the samples to the public analyst for its analysis. Upon analysis, the sample was found to be contained keshari dal which was held to be injurious to health and therefore the sample was proved to be adulterated and mis-branded. After obtaining the necessary sanction from the authorities, the appellant filed a charge-sheet before the additional district munsif against the respondent under section 16 read with section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act ). To prove the charges the complainant examined PWs 1 to 3, besides proving of Exhibits P1 to P16. Despite pleaded not guilty, the respondent did not lead any defence. The trial magistrate acquitted the respondent mainly on the ground that the statement of PW-1 had allegedly not been corroborated by the other witnesses. The appeal filed against the order of acquittal was also














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