VANKADARI CHINNA CHENGALRAYUDU CHETTY Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
VANKADARI; CHINNA CHENGALRAYUDU CHETTY
STATE OF ANDHRA PRADESH
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(1.) This petition under section
561-A of the Code of Criminal Procedure,
is filed seeking the quashing of the proceedings in C. C. No. 178 of 1966 on
the file of the Judicial First Class Magistrate, Nandyal.
(2.) The petiti6ner is the sole accused in
the above C, C. No. 178 of 1966 and is
charged with having committed an
offence punishable under sections 16 (1)
and 7 read with section 2 (ix) (j) of the
Prevention of Food Adulteration Act,
1954 (referred to hereinafter merely
as the Act) and rule 29 of the Andhra
Pradesh Prevention of Food Adulteration Rules made thereunder.
(3.) It is alleged in the complaint that
the petitioner was in possession of misbranded
redgram dhal for sale and that
he sold a sample of it to the Food Inspector at about 10 A. M. on 25th September, 1965, in contravention of the provisions of the Act and the rules made
thereunder. Exhibit P-1 in Form No. VI
is a notice under rule 12 of the Prevention
of Food Adulteration Rules, 1955, issued
to the petitioner wherein, as against the
column regarding nature of the sample,
it is stated as " Redgram dhal (used
for animals as per the verdict of vendor)." This was signed by the Food Inspector Sri P. Chenna Reddy on 25th
September, 1965 and that Food Inspector was examined as P. W.1.
Exhibit P. 2 is the receipt given by the
accused on the same date wherein also the
sample was described as ('used for animals
as per the verdict of vendor'). Exhibit P-3
is the mediator's report, the material part
of which reads as follows :-
"Today morning at about 10 A. M.
in our presence you purchased 500
gms. for 0-50 paise from Sri Vankadari
Chinna Chengalrayudu Chetty (which
the vendor said was meant for consumption of animals) out of the stock
of redgram dhal with him stating
that it was for purpose of sending for
food examination and you paid the
price of 0-50 paise...."
This was signed by P. Ws.1 and 2.
P. W.1 stated in his examination with
respect to the sample thus :
"... .The accused was present. The
redgram dhal was in ten bags. I asked
him to give dhal for sample. He
asked me to note that they are
intended for cattle.
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