ORDER :

1. Heard learned Public Prosecutor for the State and Mr. V. Rohit, learned counsel representing Sri. V. Ravi Kiran Rao learned counsel for the accused.

2. The State is in appeal against judgment dated 31.10.2008 rendered by the Court of Judicial Magistrate of First Class, Shadnagar in C.C. No. 36 of 2002 granting acquittal on the charge committing offences under Sections 16(1)(a), 7(i) and 2 (ia)(m) of Prevention of Food Adulteration Act, 1954 (Act, 1954).

3. The case of the prosecution is that on 20.03.1999 at 01.20 p.m. LW-1 Food Inspector visited the premises of M/s. Laxmi General Store and Book Sellers and Stationery, Main Road, Shadnagar. He introduced himself as Food Inspector to Accused No. 1, who was found to be managing the business, inspected the commodities of the shop and found 33 bottles of 300 ml. each quantity of Thums-Up cool drinks (beverage) kept in plastic boxes in Refrigerator for sale to public for consumption. Suspecting that there is adulteration in the said stock of Thums-Up cool drinks, LW-1 decided to lift samples for analysis, purchased 9 sealed bottles from Accused No. 1 for Rs. 9/- per bottle, obtained cash receipt, drawn up notice in Form-VI and s