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2008 Supreme(AP) 731

R.KANTHA RAO
Food Inspector, Kakinada, E. G. District – Appellant
Versus
Gunturu Venkateswara Rao – Respondent


Advocates appeared:
Counsel for the Appellant: Public Prosecutor
Counsel for the Respondent: Sri N. Subba Rao

JUDGMENT:

This appeal is filed by the State against the judgment dated 22.03.2002 passed by the I Additional Munsif Magistrate, Gurazala in C.C.No.139 of 2000 whereby and whereunder the learned Magistrate acquitted the respondents 2 and 3 for the offences under Sections 16(1)(a)(ii), 7(i) and 2(ia)(f) of the Prevention of Food Adulteration Act.

2. The brief facts giving rise for filing of the appeal are that PW-1 (V.Nageswara Rao), the Food Inspector inspected the firm of the 3rd respondent-M/s.Krishna Water Works, Piduguralla and drew samples in the presence of the second respondent who is the managing partner of the Firm and that of PW- 2 (V.V.Subba Reddy) an independent witness who was taken as mediator, purchased 12 sachets of mineral water kept for sale from the second respondent, thereafter, he divided 12 sachets into three equal parts and put them in three clean dry empty plastic containers . Subsequent to conducting the sealing and sampling in accordance with the Act and Rules, sent one sealed sample along with memorandum in Form No.VII to the public analyst. The report of the public analyst ultimately revealed that the sample contained moulds and colourless suspended parti











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