THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL APPEAL No.1313 of 2009 JUDGMENT: 1. The State of Andhra Pradesh, represented by the Public Prosecutor, High Court of Andhra Pradesh, Hyderabad, filed this appeal under Section 378 (3) and (1) of the Code of Criminal Procedure, challenging the judgment, dated 21.09.2006 passed in C.C.No.144 of 2003 on the file of Judicial First Class Magistrate, Kamareddy, whereunder and whereby, the respondent/sole accused was found not guilty of the offence punishable under Section 16(1)(a) (i) for contravening the provisions under Section 7(v) and 2(ia) of the Prevention of Food Adulteration Act, 1954 (for short ‘the Act’). 2. The brief facts that are necessary for disposal of this case, may be stated as follows: P.W.1, who was the Food Inspector, along with his staff, inspected the shop of the accused, who was transacting the business, on 06.03.2001 at about 9.45 a.m. and found 25 kgs of Bengalgram dall in the open bag to sell it for human consumption. Suspecting that it was adulterated, he purchased 750 grams of Bengalgram dall and divided the same into three equal parts. After following due procedure, one sample was sent to the Public Analyst for analysis. The Public Analyst after analysis, opined that the sample does not conform to the maximum permissible limit of weevilled grains and contained Kesari Dall and therefore, it was adulterated. After obtaining written consent, prosecution was launched. 3. When the accused was examined under Section 251 Cr.P.C. for the accusation levelled against him, he denied the same. No oral or documentary evidence was adduced on behalf of accused. 4. To substantiate the charges, the prosecution examined P.Ws.1 and 4 and got marked Exs.P.1 to P.24. 5. The trial Court after considering the evidence on record, came to the conclusion that the accused was not guilty for the accusation levelled against him and accordingly, acquitted him. Challenging the same, the present appeal is filed. 6. Now the point for consideration is whether the appellant proved the guilt of the accused for the charges levelled against him. 7. Learned counsel appearing for the Public Prosecutor contends that the evidence of P.W.1 is very clear that he purchased 750 grams of Bengalgram dall and the sample sent to the public analyst found to be adulterated and the public analyst report would clearly go to show that the sample was adulterated and therefore, she prays to set aside the order of acquittal. 8. There cannot be any dispute that there is a presumption under the law that the accused presumed to be innocent, unless contrary is proved by the prosecution beyond reasonable doubt. The presumption of innocence is further strengthened by the order of acquittal. Normally, this Court would not interfere with the order of acquittal. However, this Court has got full power to re-appreciate the evidence to know whether the findings are passed on proper appreciation of evidence on record or any perverse finding was recorded or inadmissible evidence was taken into consideration or admissible evidence has been overlooked. In short, there must be substantial or compelling reasons to interfere with the order of acquittal. 9. On the ground that there was delay in sending notice under Section 13(2) of the Act to the accused, the accused was acquitted by the trial Court. The Article of food was lifted from the shop of the accused on 06.03.2001. The public analyst report, Ex.P.12, would clearly go to show that the sample contained weevilled grains and also contained kesari dall and therefore, it was adulterated. After obtaining written consent, the prosecution was launched against the accused on 24.02.2003. Thereafter, notice under Section 13(2) of the Act has been issued to the accused. The object and the purpose of Section 13(2) of the Act are to enable the accused to make a request to send the second sample for analysis to the Director of Central Food Laboratory. No doubt, the accused has not exercised his right in making a request to send the second sample to the Central Food Laboratory. At the same time, no useful purpose will be served in making such a request because there was 23 months delay from the date of lifting the sample to the date of service of notice under Section 13(2) of the Act. Therefore, unless the article of food was properly preserved, it cannot be even fit for analysis due to natural changes. No true result would come when the article of food was analysed after 23 months from the date of lifting the sample. There cannot be any dispute that the report that may be given by the Director of Central Food Laboratory supersedes the report of the Public Analyst. Therefore, valuable right conferred on the accused has been lost. The trial Court rightly acquitted the accused and the impugned judgment does not suffer from any infirmity so as to call for interference by this Court, as there are no compelling or substantial reasons to interfere with the order of acquittal. 13. The Criminal Appeal is accordingly, dismissed at the stage of admission confirming the judgment, dated 21.09.2006 in C.C.No.144 of 2003 on the file of the Judicial First Class Magistrate, Kamareddy. _______________ K.C.BHANU, J 27th OCTOBER, 2009. kvni