STATE OF GUJARAT Vs. KUTUBUDDIN ISAFALI KUSHALGADHWALA

JUDGEMENT

(1.) These two appeals are filed by the State of Gujarat and the original complainant food inspector and are directed against the order of acquittal passed by the learned Judicial Magistrate First Class Kapadvanj in criminal case No. 1618 of 1976 acquitting the respondentaccused of the offences under sec. 7 (1) read with sec. 16 (1)(a)(i) of the Prevention of Food Adulteration Act 1954 (the Act) read With Rule 23 of the Prevention of Food Adulteration Rules 1955 (the Rules).

(2.) From the shop of the accused on 17-2-1976 the complainant Food Inspector purchased a sample for the purpose of analysis of chilli powder weighing 450 gms and after following the necessary formalities divided the same into three parts in three bottles. The accused was prosecuted on receipt of the report of the Public Analyst to the effect that it contained Ash insoluble in dilute HCI at 3.09% instead of the specified percentage of 1.3% under the rules and that it contained oil soluble coal tar dye. A complaint was lodged against the respondent accused for the aforesaid offences before the learned Magistrate.

(3.) At the request of the accused one of the three bottles in which sample was collected was forwarded to the Director of the Central Food Laboratory Calcutta for analysis by the learned Magistrate and the report of the Central for Laboratory Ex. 32 dated 30-9-1977 disclosed that it contained Ash insoluable in dilute HCI of 2.9% and it also contained oil soluble coal tar dye.