STATE OF MAHARASHTRA Vs. ASHOK KANTILAL GANDHI

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 1-10-2003 passed by the Chief Judicial Magistrate, Satara, acquitting respondent (accused) of the offence punishable under Sections 7(1) read with Section 2(1)(ia)(a) and Section 7(v) read with Rule 62 and Section 16 of the Prevention of Food Adulteration Act, 1954.

(2.) As none appeared for respondent, this court appointed Mr. Yuvraj Choksy as Amicus Curaie. Before I proceed with the case, I must express my appreciation for the assistance rendered and endeavour put forth by Mr. Choksy, learned Amicus Curiae.

(3.) It is the prosecution's case that on 30-9-1998 at about 2.00 p.m., complainant - Jaywant B Deokar (PW-1) visited the shop of respondent (accused) at Satara and purchased Goa Guthaka for Rs.360/- in six poly packed packets each weighing 105 grams. After purchasing Goa Guthaka from accused, complainant (PW-1) issued a notice in writing in form no.VI and under Section 14-A of PFA to accused. Thereafter, complainant divided the purchased items into three equal parts and put it into three dry, clean and empty polythene bags and sealed them, labelled them with the signatures of accused and complainant and independent witnesses and sent them for analysis. On 3-10-1998, Complainant sent one sealed sample alongwith memo in Form No.VII in a sealed cover to the Public Analyst, Pune by RPAD. Upon receiving the report dated 13-10-1998 from the public analyst where it is opined that the sample sent contained magnesium carbonate and thereby, contravenes the PFA Rules 1955, complainant filed the complaint. Charge sheet was filed and accused pleaded not guilty and claimed to be tried.