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1991 Supreme(AP) 342

G.RADHA KRISHNA RAO
Senior Food Inspector, Ananthapur – Appellant
Versus
Ravuru Subbaiah – Respondent


G. RADHAKRISHNA RAO, J.

( 1 ) THESE appeals are preferred by the State against the acquittal of the accused charged for offences committed by them under the provisions of the Prevention of Food Adulteration Act by various First Class Magistrates.

( 2 ) IN all these cases the Food Inspectors of their respective Municipalities had launched prosecution against the accused-respondents for certain offences committed under the provisions of the Prevention of Food Adulteration Act (for short the Act ). In all these cases, the trial Courts acquitted the accused on the ground that the sanctioning authority has not applied its mind for according sanction for launching prosecutions by following the provisions of S. 20 (1) of the Act. Hence the appeals by the State.

( 3 ) THE crucial point that arises for consideration in these appeals is whether the consent order has been issued by the competent authority after perusing the Public Analyst s report and the detailed report of the Health Officer of the respective Municipality for launching the prosecution.

( 4 ) IN this connection it is apposite to read S. 20 (1) of the Act which is as follows : "20. Cognizance and trial of offences : (1) No pr















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