JUDGMENT :

The accused, who was charged for the offences under Section 16(1)(a)(i), 7(i) and 2(ia)(m) of the Prevention of Food Adulteration Act, 1954 (hereinafter be referred as “the Act”, for brevity), was acquitted by the Court of Judicial Magistrate of First Class, Andole at Jogipet, through judgment in C.C.No.42 of 2003, dated 19.01.2006 and aggrieved by the said judgment of acquittal, the State has preferred this appeal.

2. Heard and gave due consideration to the submission of the learned Assistant Public Prosecutor and the learned counsel appearing for the respondent/Accused.

3. For the sake of convenience of discussion, the appellant would be referred hereinafter as the prosecution and the respondent as the Accused.

4. The case of the prosecution, in brief, as could be culminated through the complaint, is that on 13.09.2002 at about 1-00 p.m., the Food Inspector of Medak District, accompanied by his Attender inspected M/s. Maheshwari Kirana and General Stores, which is located at Jogipet. At the time of the visit, the Accused was present and was transacting the business. The Food Inspector, during the course of inspection of the said shop, found 40 sealed Luna Sweet packets and