The delay in filing the complaint and the delay in sending the second sample to the Central Food Laboratory were fatal to the case of the prosecution, leading to the acquittal of the accused.

JUDGMENT :

This appeal is preferred by the Food Inspector, represented by the Public Prosecutor, aggrieved by the judgment dated 17.05.2010 in CC No.844 of 2008 by the Additional Judicial Magistrate of First Class, Jangaon acquitting the respondent-accused for the offence under Section 16 (1) (a) (i) & (ii) of the Prevention of Food Adulteration Act (in short ‘PFA Act’).

2. The case of the appellant was that the Food Inspector, Division III, Warangal District inspected the shop of the respondent-accused, by name, M/s.Dindigam Krishna Murthy Rice and Kirana Merchant, D.No.3-2-82, Old Beet Bazar, Jangaon, Warangal District on 11.09.2003 at 3.30 PM and collected samples of Toordal from a open gunny bag of about 40 kgs., on suspicion that it might be containing added colour. After purchasing the same, drawn three samples under the cover of panchanama and sent one part of the sealed sample jar to the Public Analyst, State Food Laboratory, Hyderabad on 12.09.2003 under intimation to Local Health Authority, Zone-V, Warangal and deposited the remaining two samples before the Assistant Food Controller and Local Health Authority, Zone-V, Warangal for safe custody. The Public Analyst sent his report dated 06.10.2003 opining that the sample contained synthetic colour Tartazine and was therefore, adulterated. The Assistant Food Controller received the said report on 16.10.2003 and forwarded the same to the complainant. The complainant sent a report to the State Food (Health) Authority for sanction and the State Food Health Authority accorded written consent vide order dated 04.10.2004 under Section 20(1) of the PFA Act for launching prosecution against the respondent-accused for sale of adulterated toor dal. The complainant filed the complaint before the Judicial Magistrate of First Class at Jangaon which was taken on file for the offence under Section 2 (ia)(j) and 7(i)&(v) read with Section 16(1)(a)(i)&(ii) of the PFA Act against the respondent-accused on 07.05.2005 and numbered the same as CC No.249 of 2005. The accused pleaded not guilty and claimed to be tried. The case was subsequently transferred to the Court of Additional Judicial Magistrate of First Class and numbered as CC No.844 of 2008.

The prosecution got examined PWs.1 to 3 and got marked Exs. P1 to P25. No defence evidence was adduced by the respondent-accused. On considering the evidence on record, the trial Court acquitted the accused for the above offences. Aggrieved by the same, the State preferred this appeal contending that the learned Magistrate ought to have seen that the ingredients of Section 16 (1) (a) (i) & (ii) for contravention of Section 2(ia)(j) and Section 7(i) & (v) of PFA Act read with Rules 23 and 29 were made out by the prosecution against the accused. The learned Magistrate ought to have seen that the delay in filing the complaint was not fatal to the case of the prosecution and it would not cause any prejudice to the accused. The learned Magistrate had not considered the evidence of the prosecution witnesses in correct prospective and prayed to allow the appeal.

3. Heard the learned counsel for the appellant and the learned counsel for the respondent.

4. Now the point for consideration is: Whether there are any grounds to set aside the acquittal recorded by the trial Court against the respondent-accused?

5. PW.1 was the Food Inspector who lifted the sample. PW.2 was the Food Inspector who obtained consent order and filed the complaint. PW.3 was the panch witness, who turned hostile and not supported the prosecution case. The defence taken by the respondentaccused was that PW.1 had no authority to lift the sample in the Jangaon Mandal area and it was PW.2 who was authorised to lift the samples in the said area. The trial Court, after considering the document marked under Ex.P.18, letter issued by the Director of Food (Health) Authority permitting PW.1 to implement the Act in local body of Jangaon Nagar Panchayat vide order dated 13.07.2004 and no document was