The petitioners are the accused in C.C.No.59 of 2008 on the file of the Judicial Magistrate of First Class, Srikakulam. They allegedly committed the offences under the provisions of the Prevention of Food Adulteration Act, 1954 (‘the Act’ for short) and the Rules, 1955 therein. The second petitioner is the Proprietor of a Hotel styled as ‘Teja Tiffins Parlour and Family Restaurant’ at Srikakulam. The first petitioner is the vendor and agent of the second petitioner.

2. On 27.04.2005, when the Food Inspector along with his staff visited the premises of the Restaurant of the second petitioner, the first petitioner was found to be transacting business. The Food Inspector found green gram in the hotel premises. Suspecting the same to be adulterated, the Food Inspector purchased 1500 grams of green gram from the first accused by paying Rs.42/- to the first petitioner.

3. Samples were drawn therefrom. The report of the Analyst disclosed that the sample was adulterated foodstuff. Consequently, prosecution was launched against the petitioners.

4. The learned counsel for the petitioners contended that no case is made out against the petitioners. His contentions are three-fold.