STATE OF ORISSA Vs. K. APPA RAO SUBUDHI

JUDGEMENT

(1.) State of Orissa has preferred this appeal against the judgment of the judicial Magistrate, First Class. Aska, acquitting the accused (the present respondent) of the charge under section 16(l)(i) read with section 7 of the Prevention of Food Adulteration Act (hereinafter j referred to as 'the Act').

(2.) The gist of the prosecution case is that on 18.6.1981 at about ] 10 A.M. the Food Inspector inspected the grocery shop of the accused and as he suspacted the 'Atta' kept for sale to be adulterated, he took a sample of it and sent it to the Public Analyst when the Analyst's report disclosed that (at 'Atta') was adulterated and on the basis of that report, after obtaining the requisite sanction from the Chief District Medical Officer, initiated prosecution against the accused under section 16(l)(a)(i) read with section 7 of the Act.

(3.) The accused pleaded not guilty to the charge levelled against him.