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1987 Supreme(AP) 53

RAMANUJULU NAIDU
S. SIVA MURTHY, SOMESWARA OIL DEPOT XVIIITH WARD, YEMMIGANUR – Appellant
Versus
State Of A. P. – Respondent


RAMANUJULU NAIDU, J.

( 1 ) IN these two Criminal Revision Cases, the scope of Seetion 20-A of the PREVENTION OF FOOD ADULTERATION ACT, 1954 No. 37 of 1954, hereinafter referred to as "the Act", falls for consideration.

( 2 ) CRIMINAL Revision Case No. 414 of 1984 arises out of the order made by the Judicial First Class Magistrate, Yemmiganur , directing Sivaraj rathi and Co. , of Adoni to be impleaded as the 3rd accused in C. C. No. 104 of 1983 on his file under Section 20-A of the Act. On a complaint instituted by the Food Inspector, Yemmiganur Municipality against the petitioners, s. Sivamurthy, Someswara Oil Depot, XVIII Ward, Yemmiganur and c. Nagabhushanam, Sales-man of the said Depot, under Sections 16 (1) and 7 read with Section 2 (ia) and (1) of the Act alleging that adulterated ground- nut oil was sold to him on 16-10-1981, the same was taken on file by the learned Judicial First Class Magistrate, Yemmiganur. During their examination under Sec. 313 Cr. PC the petitioners pleaded that what was sold to the Food Inspector, Yemmiganur Municipality was taken out from a sealed container supplied to their Depot, by Sivaraj Rathi and Co. , of Adoni. In Support of their plea, Exs. D




























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