The Food Inspector,Div._Ii,Warangal, Vs Male Ratnasekharam

THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL APPEAL No. 635 of 2004

JUDGMENT:

The appeal is filed against the acquittal of the accused in C.C.No.349 of 1996 on the file of the Judicial First Class Magistrate, Mahabubabad.

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The Food Inspector has inspected the shop of the accused on 17.10.1995 and took sample of turmeric whole and sent it for analysis. The analyst opined that it is adulterated and thereby the prosecution was launched.

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The Court below after considering the evidence on record, acquitted the accused finding violation of the mandatory provisions of the Prevention of Food Adulteration Act, 1954 (for short “the Act”). Aggrieved by the said judgment, the present appeal is filed.

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The point for consideration is whether the acquittal of the accused recorded by the learned Magistrate is just and reasonable?

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POINT:

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As can be seen from the evidence on record, it is quite clear that there is violation of Section 11(4) of the Act. Since the sample was not deposited within the stipulated time and also the intimation was not sent to the local Health Authority and also there was an irregularity in depositing the samples, the lower Court has, therefore, rightly extended the benefit of doubt and consequently the acquittal recorded by the lower Court cannot be faulted.

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Accordingly, the Criminal Appeal is dismissed.

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________________________ N.R.L. NAGESWARA RAO, J

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Date: 10-02-2012 MR

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THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO

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CRIMINAL APPEAL No. 635 of 2004

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DATE: 10-02-2012

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MR

The Food Inspector,Div._Ii,Warangal, v. Male Ratnasekharam

Case brief

What is this about?

What did the court decide?

The Food Inspector,Div._Ii,Warangal, v. Male Ratnasekharam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Coram

Case details

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