Telangana High Court
Food Inspector vs Usha Koila Krishna Murthy on 3 July, 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL APPEAL No.531 OF 2023
JUDGMENT:
1. The State is aggrieved by the order of acquittal for the offence under Section 16(1)(a), 7(i) and (v) and 2(ia) (m) of Prevention of Food Adulteration Act, 1954 (for short 'the Act') vide judgment in C.C.No.95 of 2011 dated 04.11.2011 passed by the VII Additional Judicial First Class Magistrate, Warangal.
2. It is the case of the Food Inspector that sample of groundnut oil was drawn from the premises of the accused and sent for analysis. The analysis report revealed that the oil did not confirm to the standards of Butyro-refractometer reading of 40 degree Centigrade, Bellier's test (turbidity temperature-acetic acid method), Saponification value, Iodine value and contains palmolein. It is therefore, adulterated.
3. Learned Magistrate found that in accordance with the Rule 22 of the Food Adulteration Rules, the sample must have been lifted and the sample of 125 gms was not sufficient to 2 give a report. Learned Magistrate further found that the sample was not deposited by the Food Inspector, which is violation of Section 11(4) of the Act. Though the analysis report Ex.P5 was received on 18.10.2000, complaint was filed three years thereafter on 29.10.2003. The accused has lost the valuable right of questioning the sample. Since the accused has lost his right, learned Magistrate acquitted the accused.
4. In view of above discussion, I do not see any infirmity with the said order when the mandatory provisions were violated by the Food Inspector resulting in the accused loosing the right of sample being tested.
5. In Ravi Sharma v. State (Government of NCT of Delhi) and another1, the Hon'ble Supreme Court held that while dealing with an appeal against acquittal, the appellate court has to consider whether the trial Court's view can be termed as a possible one, particularly when evidence on record has been analysed. The reason is that an order of acquittal adds up to the presumption of innocence in favour of the accused. 1 (2022) 8 Supreme Court Cases 536 3 Thus, the appellate court has to be relatively slow in reversing the order of the trial court rendering acquittal.
6. In Ghurey Lal v. State of Uttar Pradesh2 the Hon'ble Supreme Court after referring to several Judgments regarding the settled principles of law and the powers of appellate Court in reversing the order of acquittal, held at para 70, as follows:
"70. In the light of the above, the High Court and other appellate Courts should follow the well-settled principles crystallized by number of Judgments if it is going to overrule or otherwise disturb the trial court's acquittal:
1. The appellate court may only overrule or otherwise disturb the trial court's acquittal if it has "very substantial and compelling reasons" for doing so.
A number of instances arise in which the appellate court would have "very substantial and compelling reasons" to discard the trial court's decision. "Very substantial and compelling reasons" exist when:
i) The trial court's conclusion with regard to the facts is palpably wrong:
ii) The trial court's decision was based on an erroneous view of law;
iii) The trial court's judgment is likely to result in "grave miscarriage of justice";
iv) The entire approach of the trial court in dealing with the evidence was patently illegal;
v) The trial court's judgment was manifestly unjust and unreasonable;
vi) The trial court has ignored the evidence or misread the material evidence or has ignored material documents like dying declarations/report of the ballistic expert, etc. 2 (2008) 10 Supreme Court Cases 450 4
vii) This list is intended to be illustrative, not exhaustive.
2. The appellate court must always give proper weight and consideration o the findings of the trial court.
3. If two reasonable views can be reached__ one that leads to acquittal, the other to conviction __the High Courts/appellate courts must rule in favour of the accused."
7. Accordingly, the Criminal Appeal is dismissed. Consequently, miscellaneous applications, if any, shall stand closed.
_________________ K.SURENDER, J Date: 03.07.2023 kvs 5 THE HON'BLE SRI JUSTICE K.SURENDER CRIMINAL APPEAL No.531 OF 2023 Dt. 03.07.2023 kvs