HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL APPEAL No. 1248 of 2014

ORDER:

This criminal appeal has been filed aggrieved by the judgment passed by the learned Special Judicial Magistrate of First Class (Excise), Adilabad in C.C. No.338 of 2010 (Old C.C. No.353 of 2010), dated 28.06.2011, whereunder respondent Nos.1 and 2, who are accused Nos.1 and 2, were acquitted for the offences punishable under Sections 16(1-A)(i) r/w 7(i) and 2(ia)(f) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as ‘the Act’).

2. Heard Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor and Sri K.Uday Kumar, learned counsel, representing Sri S.Surender Reddy, learned counsel appearing on behalf of respondent Nos.1 and 2.

3. The case of prosecution in brief is that on 24.09.2009 at about 4.00 P.M., the Food Inspector of Division-I (LW-1), Adilabad District along with his office subordinate visited the premises of M/s. Super Quality, Door No. 1-511/59/A/18, Satnala Road, Adilabad, for inspection. At that time A-1 transacting the business and claimed himself as vendor and sales man of the said shop. Lw-1 disclosed his identity to A-1, on enquiry A-1 stated that A-2 is the proprietor of said shop and at that time the proprietor was out of station that's why A-1 transacting the business. Lw-1 informed A-1 the purpose of his visit and then secured the presence of Lw-2 by name Tarbaz Ahmed for which he accepted. Lw-1 inspected the above premises in their presence and found a stock of Maida along with other items Vanaspathi etc., approximately of 30 Kgs in a plastic drum. On enquiry A-1 stated that it is Maida, kept to prepare bakery items and sale for human consumption and stated that he do not have the purchase bill. The Food Inspector suspected the said Maida (infested) and with an intention to lift sample of the same for analysis purpose, purchased 1500 grams from the said stock by paying Rs. 45/- and obtained cash receipt from A-1 and then immediately issued and served Form-VI notice on A-1 informing that the said purchased sample of Maida will be sent to the Public Analyst, Hyderabad for analysis and obtained acknowledgement. Further Lw-1 divided the said purchased Maida into three equal parts, each sample was poured in three dry clean and empty plastic containers separately, fixed caps to each sample container and sealed properly. A label bearing No. ZV/ADB/3184/2009 was pasted to each container. The each sample container was separately warped in a fairly thick brown paper, ends are neatly folded inside and pasted with gum. A paper slip signed and issued by the Local (health) authority, Zone-V, Warangal, bearing code No. and Sl.No. ZV/ADB/3184/2009 was pasted to each sample container around from bottom to top and obtained the signature of A-1 on each sample container in such a manner that the paper slip and the brown paper wrapper both carry a part of signature. Lw-1 further secured each sample container with strong twine both above and across and affixed four seals to each sample container on distinct places covering the knots of twin i.e. 1 on top, 1 at the bottom and 2 on either side of the body of each sample container by using specimen impression seal. LW-1 drafted panchanama, read over the contents to A-1 and LW-2 in Hindi and English and obtained their signatures, sent the samples for Public Analyst and the Public Analyst opined that the sample is insect infested and it is therefore, adulterated. Thus, the accused Nos.1 and 2 have committed an offence punishable under Section 16(1-A)(i) of the Prevention of Food Adulteration Act, 1954 for violation of Section 7(i), 2(ia)(f) of the Prevention of Food Adulteration Act, 1954.

4. On behalf of prosecution before the Court below, PWs.1 to 3 were examined and Ex.P1 to P21 were marked. On behalf of defence, no witnesses were examined and no documents were marked. The trial Court after taking into consideration of the oral and documentary evidence on record and after h