A. GANGADHARA RAO, J.

( 1 ) IN this case the petitioner had been convicted for an offence under Sec. 16 (I-A) read with Section 7 and 2 (i-a) and (j) of the PREVENTION OF FOOD ADULTERATION ACT, 1954 as amended by Act 34 of 1976 and was sentenced for one year and also to pay a fine of Rs. 2,000/- and in default to suffer Simple Imprisonment for 9 months. The petitioner is having a fancy goods shop at Repalle. On 31-12 76. the Food Inspector of Repalle Municipality went to the petitioners shop and purchased 1500 grams of sweet peppermints by paying him Rs. 9/ -. The sample was sent to the Analyst. He gave his opinion that the sweets contained Rhodamin B. a coal tar dye the use of which is prohibited. The defence of the accused is that he had purchased the peppermint packets in polythene packets of one K. G. each from one Srinivasa Confectionery a manufacturer of tenali, and he sold the same packets to the Food Inspector. To evidence his purchase, he had produced the cash bill, Ex. D. 1 dated 20-11-1976. The accused examined himself as D. W. 2. The learned judge believed his version that he had purchased the peppermints from Srinivasa Confectionery, Tenali, under the cash bill Ex. D.

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