RAJARAM KALICHARAN YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner in this Revision Petition has impugned the Judgment and Order of the learned Sessions Judge, Thane, dated 23-11-1979 whereunder the Appeal filed by the Petitioner was dismissed and his conviction and sentence passed by the learned Chief Judicial Magistrate, Thane, was confirmed.

(2.) The petitioner, who will hereinafter be referred to as 'the Accused', was charged before the learned Chief Judicial Magistrate, Thane, under Section 7(i) and 2(i)(c) read with Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954.

(3.) The prosecution case was that the Accused was the supplier of buffalo milk to the workers of Warden Company situated at Wagle Estate, Thane. On 6-11-1975 the Accused supplied buffalo milk to the said Company. The Company as usual distributed the milk amongst its workers. Sometime later it was noticed that some of the workers vomitted and it was suspected that they has suffered from food poisoning. As a result of a Complaint filed by the Company, the Food Inspector, i.e. the Complainant in this case, Shri Shimpi, visited Warden Company in the evening of the same day and obtained samples of the milk from the cans in which milk had been supplied. Shimpi obtained 750 ml. of buffalo milk from each of the two cans in the presence of witnesses. Shimpi paid for the sample of milk obtained by him and the Accused passed a receipt for the same. The receipt has been marked as Ex. 17. Thereafter notice in Form No. VI was served on the Accused. Shimpi divided the sample into three equal parts and poured the milk into three dry, clean and empty bottles. Thus three bottles of each sample were prepared. In each of the bottles 20 drops of formalin were added as preservative and all the six bottles were corked, wrapped, labelled, marked and duly sealed. One sealed sample bottle of each of the samples was given to the Accused who passed a receipt acknowledging the same. Thereafter one sealed sample bottle of each of the samples was sent to the Chemical Analyser by railway parcel. Copy of the specimen seals used, covering letter and Memorandum were separately sent under seal and by Registered Post Acknowledgment Due to the Public Analyst, Poona. The acknowledgments from the Public Analyst, have been marked as Exhibits 20 to 24.