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2001 Supreme(Mad) 1461

SHARFUDDIN AHMED
The Public Prosecutor – Appellant
Versus
Kanumarlapudi Ramalingaiah – Respondent


Advocates:
K. Somakonda Reddy, for Additional Public Prosecutor on behalf of the Appellant.
E. Manohar, for Respondent.

Judgment:

The sole respondent (accused) was prosecuted for selling edible oil which was found to be adulterated by the Public Analyst. The Additional Munsiff-Magistrate of Tenali who tried the case, acquitted the accused on the ground that there was no reliable evidence to show that the cocoanut oil which had been mixed with the groundnut oil was likely to affect injuriously the health or in any other way prejudicially affect the purchaser. The appeal is directed against this order of acquittal.

The facts beyond controversy are that the accused was found storing some oils in tins for the purpose of sale in his oil retail shop. The shop is situated in Ravi Anjaiah Street, 8th Ward, Tenali. The Food Inspector of Tenali Municipality purchased a sample of oil from him in the presence of mediators after paying the necessary price. The sample so purchased was divided into three equal parts and sealed in bottles. One bottle was handed over to the accused. The other was sent to the Court and the third one was sent to the Public Analyst for analysis. The Public Analyst in his report opined that the sample consisted of a mixture of 82 per cent of groundnut oil and 18 per cent. of coconut oil







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