STATE OF MAHARASHTRA Vs. ARVINDA VITHU MAREL

JUDGEMENT

(1.) THE State has come in appeal against the order of acquittal of the present respondent in Regular Criminal Case No. 2 of 1981 on the file of J. M. F. C. , Malvan, in respect of the offence punishable under section 7 (i) and 7 (v) read with section 16 of the Prevention of Food Adulteration Act, 1954.

(2.) BRIEFLY stated the facts giving rise to this appeal are as under :--

(3.) ON the strength of the evidence led before the learned Magistrate, he found that on 8-3-1979 at about 8. 15 a. m. the accused sold buffalo milk which was adulterated, but acquitted the respondent accused of the offence punishable under section 7 (i) and 7 (v) read with section 16 of the Prevention of Food Adulteration Act on the ground that rule 20 framed under the Prevention of Food Adulteration Act was not complied with and therefore, the present respondent was entitled to an acquittal. Being aggrieved by the said order of acquittal, the State has come in appeal to this Court.