VISHNUPRASAD C DODIYA Vs. SURENDRAKUMAR MOHANLAL THAKKAR

JUDGEMENT

(1.) This appeal by the Food Inspector Mr. Vishnuprasad C. Dodiya, original complainant, is directed against the impugned judgment and order of acquittal, dated 28-3-1984, rendered in Criminal Case No. 781 of 1979 by the learned J.M.F.C., Bhavnagar, wherein the respondent- Surendrakumar Mohanlal Thakkar, who came to be tried for the alleged offences punishable under relevant provisions of Secs. 7 and 16 of the Prevention of Food Adulteration Act, 1954 [for short "the Act"], was at the end of trial ordered to be acquitted.

(2.) According to the Food Inspector Mr. V. C. Dodia [P.W.-1, Exh. 24], the respondent-Surendrakumar M. Thakkar, was at the relevant time, proprietor of 'Jay Jalaram Dairy Farm' and was. doing the business of selling milk and the milk products at his shop situated at Vadva Paliyadhar Market at Bhavnagar. Further, according to the Food Inspector, Mr. G. T. Kareliya, Health Officer, Bhavnagar Municipality had called him and one another Food Inspector, namely, J. T. Trivedi and directed them to collect the samples of milk being sold in the market regarding which there were some complaints that the formulin was added in it. Accordingly on 25-1-1979 at about 10-30. a.m., after requisitioning the services of panch Batukbhai Mohanbhai [P.W.-2, Exh. 76], he went to the shop of respondentaccused where he was found sitting and selling the milk. After formally introducing himself Food Inspector informed the respondent that he had come to collect the sample of milk for the purpose of analysis. Thereafter, on inspecting the shop, 8 Litres of milk in a brass can [pavali} was found, which according to the respondent himself was a skimmed milk. Thereafter, after performing rest of the necessary statutory formalities under the said Act and the Rules made thereunder, milk sample was seized and sealed in the presence of Panch witness and was sent to the Public Analyst, Bhuj with a forwarding letter dated 25-1-1979 [Exh. 61]. In the said forwarding letter, in column of "Sr. No.", the sample came to be described as D- 17/5(IV)(1). After the said sample was analysed, the report regarding the same was sent back to the Food Inspector wherein in Column of "Sr. No", the said sample came to be described as D-17/5(IV)(I)). According to the report of the Public Analyst [Exh. 67] the sample was found to be misbranded and did not conform to the standard laid down under the Prevention of Food Adulteration Rules, 1955. On the basis of this Analyst report, Food Inspector after obtaining the necessary sanction [Exh. 68] from the Local Health Authority, filed a Criminal complaint dated 6-4-1979 [Exh. 1] against the respondent for the alleged offences punishable under the relevant provisions of Sees. 7 and 16 of the said Act before the learned J.M.F.C., Bhavnagar, who after registering the same as Criminal Case No. 781 of 1979, issued summons to the respondents to face the trial.

(3.) At trial, the respondent pleaded not guilty and claimed to be tried. His case was that of total denial.