IBRAHIM AHMED KOKANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two revision applications are filed by the original accused persons, who are brothers. Petitioner No. 1 is the manager and petitioner No. 2 is the owner of M/s. Metro Soda Water Factory at Nasik.

(2.) On March 22, 1974, Food inspector, W.M. Sonawane (P.W. 1) visited the factory of the petitioners and seized 298 bottles. Some of those bottles were empty and some of those bottles were filed with aerated water. It appears that on April 12, 1974 he again visited the factory of the petitioners and took out 17 bottles out of those 298 bottles. Out of 17 bottles, 6 bottles having mark of Rojers, 6 of Dukes and 5 of Turf were separated and sealed and a panchanama to that effect was made. It appears that an application was made by the Food Inspector to the Judicial Magistrate, First Class, Nasik for the custody of the bottles seized under section 10(4) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the "Food Adulteration Act") and thereafter, on the basis of the said panchanama of the bottles so separated and the reports of Rojers and Dukes companies two complaints came to be filed against both the accused on November 7, 1974 in the Court of the Judicial Magistrate, First Class, Nasik after obtaining necessary sanction from the Assistant Commissioner, Food and Drugs Administration.

(3.) The learned Judicial Magistrate after recording the evidence of the complainant-the Food Inspector W.M. Sonawane, whose evidence was remained unchallenged, framed the charge against both the petitioners. It is necessary to reproduce the charge that has been framed against both the petitioners. The charge is as under :