STATE OF MAHARASHTRA Vs. SHAMUDDIN KASIMSAHEB MOMIN

JUDGEMENT

(1.) THIS appeal takes exception to the acquittal of respondent for the commission of an offence under section 2 (ia), (j) and Rule 47 r. w. 7 (i) (v) punishable under section 16 (ia) of the Prevention of Food Adulteration Act, 1954.

(2.) THE complainant A. D. Ajansondkar was a Food Inspector appointed as such under the aforementioned Act of 1954. He along with Food Inspector Tiwari and two Panchas on 9-1-1980 at about 2. 00 p. m. went to a place near D. J. Gurkul High School, Balives, Solapur. The respondent was standing there selling "baraf-Gola". The complainant disclosed his identity and purchased 900 gms. of Baraf Gola. 75 ps. were paid to the vendor and a receipt taken from him. Intimation in Form No. VI was given as also a notice under section 14-A. A receipt for this was obtained. The purchased Baraf Gola was divided into three equal parts and inserted into three clean, empty and dried bottles. Each bottle was properly corked, labelled and sealed. A Panchanama was drawn up. The same day one of the samples was sent to the Public Analyst Solapur. The remaining two samples were sent to the Local Health Authority. The Public Analyst examined the Baraf Gola and found it containing saccharine and non-permitted red colour. This rendered the Baraf Gola in contravention of the requirements of the afore-mentioned Act. The Joint commissioner, Food and Drug Administration sanctioned the prosecution and therefore a complaint was lodged. Respondent pleaded not guilty.

(3.) IN support of its case the complainant examined himself, a panch and his colleague Tiwari. The complainant and the panch in their evidence mentioned that the commodity purchased was Baraf Gola. These witnesses did not speak of the article purchased being coloured Baraf Gola. Tiwari however said that after Baraf Gola weighing 900 gms. had been prepared, the respondent sprinkled red coloured liquid which he had in his possession. This is treated as an exaggeration by the learned Magistrate. Disbelieving that coloured Baraf Gola had been vended by the respondent or purchased by the complainant the learned Magistrate relying upon the (Municipality, Jammu v. M/s. Glaciers Cold Storage and ice Mill. Jammu and others) reported in 1980 (II) Prevention of Food Adulteration Cases 13 held the appellant to be not guilty. Exception is taken to the acquittal in his appeal.