STATE OF MAHARASHTRA Vs. PARSHURAM DATTATRAYA DABAKE

JUDGEMENT

(1.) A case under Prevention of Food Adulteration Act, 1954 was instituted before the Chief Judicial Magistrate, Raigad, Alibag, being Regular Criminal Case No. 137 of 1982. The food article involved was milk. The Ld. trial Judge accepted the case of the prosecution and, after holding the accused guilty, sentenced him to suffer R. I. for six months and to pay a fine of Rs. 1,000/- in default to suffer R. I. for 1 and ? months. This order dated 5th April, 1983 passed by the Ld. trial Judge was challenged by way of appeal being Criminal Appeal No. 52 of 1983.

(2.) CRIMINAL Appeal No. 52 of 1983 came to be decided on 18th March, 1985 by the Ld. Additional Sessions Judge, Raigad. He allowed the appeal and acquitted the accused/appellant before him. It is this order of the Ld. Additional Sessions Judge, Raigad, is sought to be challenged by way of the present appeal.

(3.) WE have gone through the judgment of the Ld. Appellate Judge and, in paragraph 14 thereof, we find discussions with regard to the collection of sample of the milk, and more particularly in paragraph 15 of the paper book, there is a reference to the Panch witness - P. W. 2 Shri Palkar from whose evidence it was found out that the samples of the milk collected from three different places were collected in one common vessel which was neither clean nor dry and from that as many as 9 bottles were packed. This would certainly be an infirmly.