VANKADARI CHINNA CHENGALRAYUDU CHETTY Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1971-2-14
HIGH COURT OF ANDHRA PRADESH
Decided on February 15,1971

VANKADARI; CHINNA CHENGALRAYUDU CHETTY Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (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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