STATE OF MAHARASHTRA Vs. ZAMANDAS VANSIMAL PARYAN

JUDGEMENT

(1.) These appeals are preferred by the State against the acquittal of the respondent who is common. The respondent was prosecuted for selling adulterated articles namely chilli powder (In Criminal Case No. 6525/73 giving rise to Criminal Appeal No. 245 of 1977) and Bundi Ladu (in Criminal Case No. 6526 of 73) giving rise to Criminal Appeal No. 30 of 1979. Both these cases were tried together, common evidence was recorded and both the cases were disposed of by common judgment by the learned Magistrate acquitting the respondent.

(2.) The respondent runs a hotel known as Azad Bharat Hindu Hotel, within the limits of Nagpur Municipal Corporation. On 27-6-1973, the Food Inspector visited this hotel and purchased 500 gms. of Bundi Laddu and 600 gms of chilli powder from the respondent. The respondent sells, food products, which include Bhajie, Aluwada, Bundi Laddu and Chilli so purchased were sampled as per rules by the Food Inspector in the presence of the respondent and the witnesses. One protion of each sample was sent by him to the Public Analyst for analysis. The report of the Public Analyst showed that the chilli powder was adulterated as it did not conform to the standard and that in the Bundi Laddus non permitted coal tar colour i.e. metanil yellow was used for colouring. After obtaining the consent of the Commissioner, Food and Drugs Administration, the respondent came to be prosecuted separately for the offences punishable under S. 7(1) read with Section 16(1)(A)(j) of the Prevention of Food Adulteration Act (hereinafter called "the Food Act")

(3.) The respondent pleaded that the chilli powder was not for sale. With regard to Bundi Laddu, he stated that they were prepared for the purpose of Sagayi ceremony which was to take place at his residence and they were also not for sale.