FOOD INSPECTOR NALGONDA Vs. JAGINI SURESH
LAWS(APH)-1992-4-33
HIGH COURT OF ANDHRA PRADESH
Decided on April 07,1992

FOOD INSPECTOR, NALGONDA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF A P.HYDERABAD Appellant
VERSUS
JAGINI SURESH Respondents


Referred Judgements :-

DELHI MUNICIPALITY VS MADAN LAL [REFERRED TO]
JYOTISH KUMAR VS STATE [REFERRED TO]
ABDUL AZEEZ VS FOOD INSPECTOR ULUNDURPET [REFERRED TO]
R R CHARI VS. STATE OF UTTAR PRADESH [REFERRED TO]
MUNICIPAL CORPORATION OF DELHI VS. GHISA RAM [REFERRED TO]
GUGGILAM MURAHAN RAO VS. STATE OF ANDHRA PRADESH [REFERRED TO]
KANDASAMI VS. FOOD INSPECTOR ATHOOR [REFERRED TO]


JUDGEMENT

Immaneni Panduranga Rao, J. - (1.)The Food Inspector of Nalgonda, PW 1, visited the premises of M/s. Lakshmi Kirana and General Merchant, Neruducherla village, Huzurnagar Talqu on 16-10-84 at 1,30 pm, A1 who is the proprietor of the shop was found managing the business. PW 1 took a sample of 450 grams of coconut oil from a tin containing 10 kgs of coconut oil in the presence of an independent panch witness PW 3 and his attender PW 2 for the purpose of analysis and obtained acknowledgement. A I disclosed the source of supply as from M/s Jayalakshmi Traders, Vijayawada PW 1 has divided the sample of coconut oil purchased by him into three equal parts and transferred it into three dry, clean and empty bottles and sealed them. He sent one bottle to the Public Analyst by registered post on 17-10-84. The remaining two bottles of the sample with copies of memorandum in Form No. 7 were deposited in a sealed package with the Local (Health) Authority, Nalgonda. A notice was served on M/s. Jayalakshmi Traders, Vijayawada. The Public Analyst sent his report in Form No. 3 giving his opinion that the sample of coconut oil is adulterated. PW 1 obtained necessary orders from the Local (Health) Authority for prosecuting the accused.
(2.)The plea of the accused is one of denial.
(3.)The learned Munsif Magistrate, Huzurnagar has acquitted A2 to A4 but convicted Al under Sec. 16 (1) (a) (i) r/w Sec. 7(1) and 2 (i) (a) (a) (m) of the Prevention of Food Adulteration Act (for short "the Act") and sentenced him to suffer simple imprisonment for six months and to pay a fine of Rs. 1,000/- in default to suffer simple imprisonment for 2 months.
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