( 1 ) THE State has preferred this appeal against the acquittal of the accused who was charged under section 16 (i) and section 7 read with section 2 (ix) (d) of the prevention of Food Adulteration Act (hereinafter referred to as the Act) for having sold at his shop at Piler 750 grams of uddi Pappu containing 1. 76 per cent, of talc , on 9th February, 1971 at 1 P. M.

( 2 ) THE case of the prosecution is that p. W. 1 who is the Food Inspector, and another person named Venkatramana reddy (P. W. 2) visited the shop of the accused on gth February, 1971 at 1 P. M. This shop is situated in Nehru bazaar, piler. The accused had exposed uddi pappu for sale. After the issue of Form 6 notice upon the accused, and after obtaining his acknowledgment under exhibit P-1. P. W. 1 purchased 750 grams of uddi Pappu for Rs. 1. 35 P. and obtained the cash receipt, Exhibit P-2 from the accused. He divided the uddi pappu into three equal parts, and poured it into the empty clean dry bottles, and sealed them, giving a label No. 135. P. W. 2 another person was present throughout. P. W. 1 gave the sample of the bottle to the accused. He drafted a Panchanama, Exhibit P-3. He sent one bottle with the

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