MANIBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is an appeal by special leave by Shrimati Manibai and her son Pranjivan Morarji against the judgment of the Bombay High Court reversing on appeal the acquittal of the two appellants and convicting them under Section 16 (1) (a) (i) read with Section 7(1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act). Manibai has been sentenced to pay a fine of Rs.2,500/- or in default to undergo rigorous imprisonment for two months, while the other appellant has been sentenced in view of special and adequate reasons to undergo rigorous imprisonment for a period of two months and to pay a fine of Rupees 1,000/- or in default of undergo rigorous imprisonment for a further period of one month.

(2.) The prosecution case is that on February 16, 1968 Food Inspector Mahajan went to oil shop No. 213-215 in Kumbharwada, Bombay, Pranjivan appellant was present at the shop. The food inspector after disclosing his identity, purchased 450 grams of coconut oil from Pranjivan. The coconut oil was then divided into three parts. Each of the parts was poured into a bottle which was thereafter sealed. One of the bottles was handed over to Pranjivan, while the second bottle was sent to the public analyst whose report showed that the coconut oil was adulterated as it did not conform to the prescribed standard. According to the standard prescribed, the butyro-refractometer reading of the coconut oil should be 34 to 35.5 and the iodine value should be between 7.5 and 10. The bytyro-refractometer reading of coconut oil purchased from Pranjivan was 36.5 and its iodine value was 16.8. A complaint was thereafter made against the two appellants. It is stated that Smt. Manibai appellant No.1 is the licensee of the shop while Pranjivan is a co-licensee of the shop from which the food inspector had purchased the coconut oil.

(3.) At the trial, Manibai stated that she did not know anything about the sale of the coconut oil. Pranjivan admitted having sold the coconut oil to the food inspector. he denied the other allegations.