DALAVA SUBRAHMANYAM, J.

( 1 ) THE revision petitioner-accused filed the revision against the judgement of conviction and sentence in STC 130 of 1995 on the file of the Judicial magistrate of First Class, Kaikulur in convicting the revision petitioner-accused for the offence under Section 16 (1) (a) (ii), 7 (v) and 2 (ia) (b) of the Prevention of Food Adulteration Act, 1954 (for short the Act ) and sentencing him to suffer R. I for a period of six months and to pay a fine of rs. 1000/- in default to suffer R. I for two months which was confirmed in Crl. Appeal No, 158 of 1997 on the file of the I Addl. District and Sessions Judge (Fast Track Court), Krishna at Machilipatnam.

( 2 ) THE brief facts of the case are as follows; the Food Inspector, Division II, Krishna District, Machilipatnam laid the complaint against the accused alleging that the accused was the proprietor of sri Subrahmanyeswara Enterprises, Singarayapalem village, Mudinepalli Mandal, krishna District and that on 4. 10. 1994 at about 2. 30 P. M the Food Inspector along with his staff inspected the shop and found that the accused was transacting the business and that he kept green gram dall for human consumption and su

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