THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU CRIMINAL APPEAL No.522 of 2011 BETWEEEN: The State of A.P. … Appellant AND Kotha Venkatesham, S/o.Narayana(vendor) … Respondent THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.522 of 2011 JUDGMENT: The respondent/A1 was acquitted by the Principal Judicial Magistrate of the First Class, Mancherial holding full additional charge of Judicial Magistrate of the First Class, Luxettipet by judgment dated 10.11.2008 in CC.No.297 of 2003 of the charge under Section 16 of the Food Adulteration Act, 1954 and Rule 50 of Food Adulteration Rules,1955. It is alleged that A1 sold adulterated Vanaspathi to the Food Inspector on 27.04.2001. Shelf life of Vanaspathi was six months from the date of its manufacture/packing. Charge sheet in the lower Court was appeared to have been filed in the year 2003, after expiry of shelf life of the sample product. Therefore, A1 had lost valuable right of defence of sending second sample to Central Food Laboratory for second analysis and report under Section 13(2) of the said Act. The question of application of Rule 50 of the Rules may not arise in the case of sale of Vanaspathi, as proviso to that rule exempts obtaining of any licence contemplated under the Rule. The lower Court is justified in acquitting A1 in this case. 2. Hence, the Criminal Appeal is dismissed. _____________________________ SAMUDRALA GOVINDARAJULU, J Dated: 13.04.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL APPEAL No.522 of 2011 DATED: 13.04.2011 ysk