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 r