ORDER:

This is a Criminal Revision Case filed under Sections 397 and 401 of the Code of Criminal Procedure, 1972 (for short, ‘the Cr.P.C’) on behalf of the petitioner, who is accused in Calendar Case No.47 of 2002, on the file of the Court of Judicial First Class Magistrate, Srungavarapukota (for short, ‘the trial Court’), and appellant in Criminal Appeal No.126 of 2003 on the file of the Court of I Additional District and Sessions Judge, Vizianagaram (for short, ‘the learned Additional Sessions Judge’), with a prayer to revise the judgment, dated 24.07.2008, in Criminal Appeal No.126 of 2003; where under the learned Additional Sessions Judge, dismissed the Criminal Appeal filed by the petitioner herein confirming the judgment, dated 08.09.2003, passed in C.C. No.47 of 2002 by the learned Magistrate, Srungavarapukota.

2. The petitioner faced trial in C.C. No.47 of 2002 under Section 16(1)(a)(ii) R/w. Section 7(v) and 2(ia)(j) of the Prevention of Food Adulteration Act, 1954 (for short, ‘the Food Adulteration Act’) R/w. Rules 23 and 29 of the Prevention of Food Adulteration Rules, 1955 (for short, ‘the PFA Rules’) and suffered conviction before the trial Court and further the Appeal filed by him before the learned Additional Sessions Judge, Vizianagaram came to be dismissed. Having felt aggrieved of the same, the unsuccessful accused in the Calendar Case, who was the unsuccessful appellant in the Criminal Appeal, approached this Court by way of this Criminal Revision Case.

3. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court, for the sake of convenience.

4. The State of Andhra Pradesh, represented by Food Inspector of Division – I, Vizianagaram filed a complaint before the learned Magistrate alleging, in substance, that on 18.05.2001 at about 10:30 AM, the complainant (hereinafter referred to as Food Inspector) inspected the kirana shop of the accused, situated at the main road of Kottam Village, along with his Assistant-cum- Typist viz., R. Eswara Rao (PW.3). The accused was transacting business at the time of the inspection. The Food Inspector, in the shop of the accused, found kirana articles such as Rice, Spices, Dals, Edible Oils, Sago etc., which are kept for sale of human consumption. The Food Inspector, suspecting adulteration in sago, purchased 750 grams of sago from the shop of the accused by paying Rs.15/- in the presence of the Village Talayari (PW.2) and also PW.3. The accused passed a receipt after receiving the sale price. Then, the Food Inspector served Form-VI notice on the accused informing his intention of sending the sample to the Public Analyst, Hyderabad for the purpose of analysis. He divided the 750 grams of sago into three equal parts of 250 grams each and placed them in three clean, dry and empty plastic tins and closed them tightly with caps and sealed them. Then, the Food Inspector affixed labels bearing Code No.122/VZM/D-1 and Serial No.2022/2001 of Local (Health) Authority on each of the three plastic tins and affixed five seals with wax on each of the three plastic tins and then obtained signatures of the accused on the labels. Each sample was covered with thick cover paper and their ends were neatly folded in and pasted together with gum. Then, the paper slips containing signature, code number and serial number were pasted on each of the three plastic tins covering them from bottom to top and he obtained the signatures of the accused on each of three sample tins in such a manner that both paper slips and cover paper carry a part of signature of the accused. Then, each of three sample tins were fastened by means of strong twine both above and across the sample packets and then he affixed four seals with sealing wax on each packet covering the knots of the twine also (one seal on the top and another seal on the bottom and the remaining two seals on both sides of the sample plastic tins). Then, the Food Inspector asked the accused to disclo