STATE OF GOA Vs. TATU SHETKAR

JUDGEMENT

(1.) THE respondents came to be prosecuted for violating section 2 (ia), (m) read with section 7 (i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the said Act" ). They are liable to be punished under section 16 of the said Act and the punishment provided is not less than six months, which may extend to three years.

(2.) THE complaint came to be filed on 4th August, 1994. The prosecution case was explained to the respondents on 26th March, 1996. On 12th January, 1999, an application came to be filed on behalf of the respondents for closure of the prosecution evidence, relying upon the judgment of three Judges Bench of the Apex Court in the case of (Raj Deo Sharma v. State of Bihar), reported in 1999 (5) Bom. C. R. (S. C.) : A. I. R. 1998 S. C. 3281. The learned Judicial Magistrate First Class, Bicholim, passed the order on 23rd March, 1999, granting the said application. The Criminal Case No. 14/0a/94/a came to be dismissed and the respondents were acquitted. This order is under challenge in this appeal.

(3.) THERE is no dispute that nine times adjournments were sought by the appellant, seven times the Court adjourned the matter and once the respondents sought adjournment. This, by itself, cannot justify the order.