Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
CC No.74/2013
IN THE COURT OF THE I METROPOLTIAN MAGISTRATE (MUNICIPAL
COURT): HYDERABAD:
Present: SMT. G. SABITHA,
FAC. I Metropolitan Magistrate,
Hyderabad.
Dated this the 14th day of September, 2018.
CALENDER CASE No.74 of 2013
Between:
The State represented by
The Food Inspector,
DivisionI, RR District,
attached to the
Directorate of Institute of Preventive Medicine,
Public Health Lbs & Food (Health), Administration,
Narayanguda, Hyderabad. …. Complainant
A N D
Amaravadi Murali, S/o.A.Sattaiah,
aged 33 years, Vendorcumproprietor and PFA,
Licensee of M/s. Anu Kiran & General Stores,
Kuntloor Road, Hayathnagar V&M,
RR District. ... Accused.
This case is comingup for hearing before me in the presence of learned
APP for the complainant and Sri. M.Surender Counsel for Accused and having
stood over till this day for consideration, this court delivered the following:
JUDGMENT
Narayanaguda, Hyderabad.
Adulterated Urad Dal Whole which is an offence under section 2(ia)
Page No.2
CC No.74/2013
(m) and Sec.7 (i) of P.F.A. Act punishable under section 16(1)(a)(ii) of
P.F.A. Act,1954. (In short PFA Act).
3. On dt.7.10.2004, at about 5.15 p.m., Complainant/PW.1 along
with his attender visited M/s Anu Kirana & General Stores,
inspected the shop of accused. During inspection, PW.1 found 20
kgs of Udath Dall whole in an open polythene bag (No trade mark or
label found on the bag) apart from other food articles.
4. On inquiry, accused disclosed that the said stock of Urad Dall
whole is meant for sale, for human consumption, but did not
disclose the source of supply of it. On suspicion, PW.1 purchased
1500 grms of Udath Dall whole from the above said stock, paid
Rs.36/ towards its cost, to the accused and obtained cash receipt
for the same. PW.1 served form VI notice bearing Code No. & SL.
No. RRD/DI/15528/2004 showing his intention to send the Udath
presence of LW.2.
Page No.3
CC No.74/2013
5. PW1 divided the Udath Dall whole into three equal parts and
poured into three separate clean, dry and empty plastic jars,
capped, fastened with twine and sealed them. PW1 pasted a label
bearing Code No. & Sl.No. RRD/DI/15528/2004 on each jar. PW1
wrapped each of the sample jars separately with a fair brown paper
and folded its ends neatly inside and pasted them with gum. PW1
pasted a paper slip from bottom to top, on each of the sample jars
ZoneVI, Hyderabad.
carries both on the wrapper and paper slip. PW1 also signed on
above and across. Then, PW1 affixed four distinct seals one each of
the sample jars with his specimen impression seal, one on the top,
one at the bottom and two on both sides of the sample jars. PW1
read over and explained in Telugu and Hindi languages about the
contents of it. Having satisfied to the explanation made by PW1,
accused and LW2 signed on panchanama, dt.7.10.2004.
Page No.4
CC No.74/2013
part of the sample jar, bearing code no. and serial no.
RRD/DI/15528/2004 along with a copy of memorandum in Form
separate sealed cover to the public analyst on the same day and
obtained acknowledgement. The remaining two parts of the sample
sealed package was deposited with L.H.A., ZoneVI Hyderabad, on
the same day, ie., on 8.10.2004, for keeping for safe custody and
Authority, ZoneVI Hyderabad and opined that “the sample does not
Authority, ZoneVI, Hyderabad sent public analyst report to PW1.
Page No.5
CC No.74/2013
orders.
9. The Director, Institute of Preventive Medicine and State Food
Order, under Sec.20(1) of Prevention of Food Adulteration Act, 1954
for launching prosecution against the Accused in contravention of
Sec. 2(1a)(m) and Sec. 7(i) of Prevention of Food Adulteration Act,
Consent Orders in Rc. No.10924/F3/2004, dt.7.3.2005. On 287
R.R.District. Then, he informed the same to the L.H.A & Assistant
Accordingly, Sri N. Prabhakar Reddy, Gazetted Food Inspector have
Laboratory, for second opinion.
Page No.6
CC No.74/2013
10. On appearance of accused, copies of documents were
furnished to him and he was examined under Section 251 Cr.P.C.
explaining the accusation levelled against him. Accused denied the
accusation, pleaded not guilty and claimed to be tried. During trial,
Ex.P.1 to P.18. PW1 filed memo saying that whereabouts of panch
witness, i.e., LW.2 are not known. Hence, this court closed the
evidence of LW.2.
reported no defence evidence.
12. Heard the arguments of APP and the counsel for accused.
Counsel for defence filed written arguments on behalf of accused.
Now the point germane for determination is:
13. POINT:
Defence counsel argued that as per Rule 17(b) of PFA Rules,
and two copies of the memorandum in FormVII shall be sent in a
sealed packet to the Local (Health) Authority. As is admitted by PW
Page No.7
CC No.74/2013
1, the remaining two samples were not received by the Local (Health)
deposed that the signature on Ex.P14 acknowledgement belongs to
an authorized person, no such document is filed before this Court.
14. More over, as per Rule 8(iv) of APPFA Rules, the Local (Health)
Authority shall compare the seal on the container and outer cover
with specimen impression and should note the conditions of the seal
thereon. Admittedly, LHA did not record conditions of seal, in the
present case.
15. According to Rule 11 of APPFA Rules, the Food Inspector have
authority to do inspection within the local area, in respect of which,
he holds an office. But, PW1 did not file any record to show that he
holds office of Ranga Reddy District, DivisionI.
16. It is the strenuous argument of the counsel for defence that
homogeneous condition of containers in his panchanama, which is
upon the following citations of different High courts:
1986(1)FAC pg.160 Panjab & Haryana High Court;
1991(2) FAC pg.50, Punjab & Haryana High Court; and
Page No.8
CC No.74/2013
2009 FAJ 281(Del) Delhi High Court.
17. 1990(2) FAC 263(A.P)
The gist of the judgment is that section 10(7) is mandatory and
further non production of panch witness is fatal to the prosecution
case.
18. The defence counsel further argued that PW1 lifted the
sample on 7.10.2004, served notice on accused, on 29.9.2006, i.e.,
after the gap of almost two years. Due to delay, obviously, accused
was deprived of his valuable right to send the sample to the Central
Food Laboratory (for short CFL), for reanalysis and that prejudice
was caused to the accused. Agreeing with the counsel for defence,
even if, the accused prefer an appeal to send the second sample to
CFL, the Uradh Dall Whole being food product, would not be in a fit
accused, after approaching the court, by way of complaint. In the
instant case, the complaint is filed before the Court, on 29.7.2005.
explained by Pw1. With the above discussion, it can be hold that
delay in serving Sec. 13(2) notice and filing complaint before this
Court definitely goes against the case of prosecution.
Page No.9
CC No.74/2013
19. The prime argument of defence is that Mineral Matter can be
Ex.P13 Analyst report, 0.79% of Mineral Matter was found on the
alleged sample. As is admitted by PW1, when Urad Dal should be
matter would be vanished.
20. Final limb of argument of defence is that on Ex.P15 annexure
of PW1, it was mentioned that the manufacturer had used Mineral
matter on Uradh Dal whole. Whereas, accused herein is the retailer
and as such it is crystal clear that accused did not add mineral
matter on alleged Urad Dall whole.
there is no hesitation to hold that prosecution failed to prove guilt
of the accused beyond all reasonable doubt.
22. In the result, accused is found not guilty for the offences
under section 7(i) and 2(1a)(m) r/w sec. 16(1)(a) (i) of Prevention of
section 255(1) Cr.P.C. and the bail bonds of the accused shall be in
force for a period of 6 months from today, as prescribed under Sec.
437A of Cr.P.C.
Typed by me on my personal laptop, corrected by me and pronounced by me in
open court on the 14th day of September, 2018.
Page No.10
CC No.74/2013
FAC. I METROPOLITAN MAGISTRATE,
HYDERABAD.
APPENDIX OF EVIDENCE
WITNESSESS EXAMINED FOR
Prosecution Defense
PW1: Sri.N.Pandu, Retired Asst. Nil
Food Controller.
Ex.P.1 is the G.O.Ms.No.188, dated: 28021991.
Ex.P.2 is the G.O.Ms.No.411, dated: 14112000.
Ex.P.3 is the Gazette notification No. 82, dated: 12021985 showing issuance of GO
62, Medical Health Dt: 30011985.
Ex.P.4 is the Gazette notification No. 330, Dt: 18082004 showing issuance of GO 253,
Health Medical and Family Welfare (L1) Dt: 16082004.
Ex.P.5 is the cash Receipted: 07102004..
Ex.P.6 is the copy of Form VI Notice served on Accused bearing code No. &
Sl.No.RRD/D1/15528/2004.
Ex.P.7 is the copy of the Label.
Ex.P.8 is the original panchanama dt: 07102004
Ex.P.9 is the Copy of FormVII Memorandum bearing code No. & Sl.No.
RRD/D1/15528/2004, dt: 8102004 affixed with the specimen impression seal.
Ex.P.10 is the acknowledgement buy analyst.
Ex.P.11 is the acknowledgement by analyst
Ex.P.12 is the covering letter No. 1930/FSL/2004, dt: 16112004.
Ex.P.13 is the Public Analyst Report No. 627/2004, dt: 16112004.
Ex.P.14 is the letter showing depositing of two parts of samples before the
local (Health) Authority dt: 08102004.
Ex.P.15 is the copy of detailed report dt: 03122004 submitted to the
director institute of preventive medicine along with annexure.
Ex.P.16 is the Written Consent orders in Rc.No. 10924/F3/2004, dt: 07032005.
Ex.P.17 is the notice U/sec 13(2) sent to the accused after launching prosecution and
case registered by the Hon’ble Court, dt: 27092006, vide postal receipt No.RLADA
6002.
Page No.11
CC No.74/2013
Ex.P.18 is the acknowledgement from the accused for Ex.P.17.
EXHIBITS MARKED
FOR DEFENCE
NIL
MOs MARKED
NIL
FAC I METROPOLITAN MAGISTRATE
HYDERABAD.