SANJEEVA ROW NAIDU
Public Prosecutor – Appellant
Versus
Nelluru Subrahmanyam – Respondent
( 1 ) THESE appeals are directed against the judgment and order of the Judicial First Class Magistrate, Visakhapatnam directing the acquittal of the respondent, hereinafter referred to as the accused, of the three charge-sheets preferred against him under Section 16 read with Sections 7 and 2 (j) of the Prevention of Food Adulteration Act (Central Act No. 37 of 1954) hereinafter referred to as the Act
( 2 ) THE facts of the prosecution case are briefly as follows: On 10-8-1957, the Food Inspector, complainant in the case, proceeded to the premises of the Markendeya Rice Mill and found there a number of bags with TOOR Dhall stocked, in all amounting to 98 bags. He wanted that three quarters seer of the redgram contained in these bags be sold to him for Rs. 0-6-6. It is the case of the prosecution that the accused is the Managing Partner of Sri Rama Trading Company which company was a whole-sale dealer in pulses and other food-stuffs, that the accused is also a partner of die Markendeya Rice Mill at Visakhapatnam and that the 98 bags of Dhall have been stocked on the premises of the Markendeya Rice Mill for and on behalf of Sri Rama Trading Company. He noticed that the
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