STATE OF MAHARASHTRA Vs. HIMMATLAL P PABRI

JUDGEMENT

(1.) THROUGH this criminal appeal preferred under section 378 (1) of the Code of Criminal Procedure, 1973, the State of Maharashtra impugns the judgment and order dated 14-12-1985, passed by the Metropolitan Magistrate, 15th Court, Mazgaon, Bombay, in Case No. 25/s/79, acquitting the respondents for offences punishable under section 7 (1) r/w section 2 (1) (a) (j) of the P. F. A. Act r/w section 7 (v) r/w Rule 29 of the P. F. A. Rules.

(2.) THE prosecution case in brief is as under: THE informant Rishikant Purshuram Sawant (PW-1) is a Food Inspector appointed under section 9 of the P. F. A. Act. Respondent No. 2 Shantilal J. Sopariwala is the proprietor of a shop situated at 18/19, Paan Galli, Null Bazar, Bombay - 400 003. Respondent No. 1 Himmatlal P. Pabri is the manager in the said shop. On 25-8-1978, at about 2:30 p. m. , the informant along with another Food Inspector Shrikant Trimbak Phadke visited the shop of respondent No. 2. THE informant disclosed his identity and purchased 12 bottles of Kimam for 32 rupees. He divided their contents into three parts and each part contained four bottles of Kimam. He thereafter labelled each part of the sample and sealed it as per the provisions of the P. F. A. Act and P. F. A. Rules and also drew a panchnama. One of the sealed sample bottles was sent to the Public Analyst, Ms Piloo Maneckshaw Dotiwalla (PW-3), who after analysis, found that the Kimam was adulterated. THEreafter, the informant obtained sanction from the Assistant Commissioner of Food and Drugs (Administration) and after receipt of the sanction, filed the complaint in the trial Court against respondent Nos. 1 and 2 on 15-3-1979.

(3.) A perusal of the impugned order would show that the Food Inspector Rishikant Purshuram Sawant (PW-1) has stated in his deposition as follows :