GANGADHAR YASHVANT RAMEKAR Vs. SURESHBHAI NATHALAL PARIKH

JUDGEMENT

(1.) The appellant - original complainant Gangadhar Yashvant Ramekar, Food Inspector of Baroda Municipal Corporation, has challenged in this Appeal the impugned Judgment and order of acquittal dated 25.8.1989 passed by the learned Judicial Magistrate, First Class (Municipal), Vadodara, in Criminal Case No.4816 of 1983 whereby the learned Magistrate acquitted the respondents for the offences u/ss. 7(1) r/w Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (for short "The Act").

(2.) The learned Magistrate acquitted the respondents - accused on several grounds. One of the grounds was that sanctioned accorded by the Sanctioning Authority was defective. The order of acquittal passed by the learned Magistrate can be confirmed on all the grounds or any of the grounds assigned by the learned Magistrate in his impugned Judgment and order. In the instant case I am fully satisfied that there was total non-application of mind on the part of the Food Inspector as well as the Sanctioning Authority while according sanction. Therefore, the impugned order of acquittal is required to be confirmed only on this ground. Therefore, I do not propose to deal with any other grounds mentioned by the learned Magistrate in the impugned order of acquittal.

(3.) The Appellant - Food Inspector, took the sample of groundnut oil on 2.6.1983 at about 8.45 a.m. from the shop of respondent - accused No.1 Suresh Nathalal Parikh runs in the name and style of "Jignesh Provision Store" selling retail groundnut oils, which was purchased from accused No.2 "Agrawal Oil Depot", wholesale dealer of groundnut oil at Vadodara. After completing the formalities on the same day the complainant sent the sample of groundnut oil for analysis to the Public Analyst at Vadodara. The same was analysed on 10.6.1983 by the Public Analyst, Vadodara vide Report Ex.34 and signed on the same day and sent the same to the Food Inspector on the same day. On receiving the said Report of Public Analyst (Ex.34), the Food Inspector in a great hurry submitted his Report to the Local (Health) Authority i.e. Assistant Municipal Commissioner (G), Municipal Corporation, Vadodara, on the same day, for according his consent to prosecute accused (1) Suresh Nathalal Parikh, "Jignesh Provision Store", Vadodara and (2) "Agrawal Oil Depot" and partners, Vadodara. Along with his Report he had forwarded (i) Notice, (ii) Receipt, (iii) Panchnama and (iv) Public Analyst Report and other relevant papers as stated in his Report (Ex.35). More surprisingly the Sanctioning Authority i.e. Local (Health) Authority, without wasting even a minute filled typed sanctioned order in his own hand writing by simply writing the name of the complainant Shri G.Y.Ramekar and accused and forwarded it to the complainant on the same day i.e. on 10.6.1983. On receiving the same the complainant filed the complaint being Criminal Case No.4816/83 before the Court of learned J.M.F.C. (Municipal),Vadodara, running into 5 typed pages, as if heaven was going to fall if there was a delay of even one day in filing the complaint. It is a unique case that after taking sample on 2.6.1983 the sample was sent on the same day and the Report of the Public Analyst was prepared within 8 days and on receiving the said Report the food Inspector immediately applied for the sanction with all the details and relevant papers to the Sanctioning Authority i.e. Local (Health) Authority and, as if the said Authority had no other work to do, gave sanction on the same day without application of mind by writing the names of the complainant and the accused in his own hand writing and forwarded the same on the same day to the complainant and the typed complaint running into 5 typed pages was kept ready and filed before the Court of learned Magistrate on the same day.