ANANTRAI B JOSHI Vs. SHREE NATHJI DAIRY FARM

JUDGEMENT

(1.) Heard learned advocates for the parties.

(2.) Rajkot Municipal Corporation through its Food Inspector,appellant hereinabove, has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973, challenging the order of acquittal dated 30th September, 1996 passed by the Judicial Magistrate First Class(Municipal) Rajkot in Criminal Case No.301 of 1985 acquitting the accused respondents hereinabove of the charge of committing offence punishable under Section 7(1) read with Section 16 of the Prevention of Food Adulteration Act, 1954.(hereinafter referred to as to as "the PFA Act" for the sake of brevity)

(3.) The facts in brief deserve to be set out as under:- 3.1 The Food Inspector (original complainant) in discharge of his duties as such on 3.6.1985 visited the shop of the accused for collecting the sample, at that time, the accused no.2 was found at the premises who was dealing in milk and milk products and complainant found curd kept in the shop for the purpose of its sale. In presence of panch witness and after notifying his intention to collect the sample of food article for analysis, the Food Inspector purchased 600 grams of curd on payment of Rs.3.60 ps./-. After issuing receipt etc., the said curd was divided into 3 parts and all three parts were poured into three different odorless dried glass jars and in each of the jars, 18 drops of formalin preservative was added and jars were sealed in accordance with law, necessary signatures were appended thereon and after competing formalities of collecting the sample, one sample food article was sent to the Public Analyst for examination and remaining two parts were sent to the Local (Health) Authority. Public Analyst opined that as the food article examination did not conform to the standards laid down under the PFA Rules, it was declared to be adulterated. After having discussion with the Local (Health) Authority, on the report of the Public Analyst, the requisite sanction was accorded for lodging the prosecution and on receipt thereof the prosecution was lodged in the form of the complaint which came to be registered as Criminal Case No.301 of 1985. The Court, after examining the evidence on record, recorded its findings with regard to serious lapses on the part of the complainant-Food Inspector in collecting the sample food article and rendered the entire proceeding vitiated, acquitting the accused respondents hereinabove of the charge of committing the offence punishable under Section 7(1) read with Section 16 of the PFA Act vide its order dated 30.9.1996. The said order of acquittal is impugned in this acquittal appeal under Section 378 of the Code of Criminal Procedure, 1973.