KISHORE VALLABHDAS LADDHA Vs. FOOD INSPECTOR

JUDGEMENT

(1.) HEARD Mr. De for the applicants and Mr. Yengal, A. P. P. , the respondent.

(2.) THE applicants are the original accused and partners of accused No. 6 M/s. Laddha Brothers, Sakkarsath, Amravati. On 6-3-1992 at about 11. 30 a. m. Food Inspector Sau. Jaunjal-Patil visited the establishment of the firm and found the accused No. 1 Kamal Jugolkishor Laddha present in the premises looking to the business of the firm. On disclosing her identity as Food Inspector, she drew samples of food articles viz. Badishep (Fennel) which was stored in open gunny bag weighing approximately 30 Kg. The complainant purchased 45 gms. of Badishep from the said gunny bag for Rs. 18/- in presence of the witnesses. After such sample was collected, it was sealed in three parts and one part was forwarded to the Public Analyst, Public Health Laboratory, Pune, for analysis. The two remaining sealed parts were delivered to the Local (Health) Authority and Health Officer, Municipal Corporation, Amravati. The report of the Public Health Laboratory, Pune revealed that the sample was adulterated and, therefore, a complaint case came to be filed against the accused persons who are admittedly partners of the firm M/s. Laddha Brothers.

(3.) IT is the contention of the applicants who are original accused Nos. 3, 4 and 5 that they are not liable to be prosecuted as they were neither in charge nor responsible for conducting the business of the firm as they were sleeping partners and as such by virtue of provision of section 17 of the Food Adulteration Act, they cannot be prosecuted as deemed to be guilty of the offence and liable to be proceeded and punished accordingly. They, therefore, filed an application vide Exhibit 38 for their discharge. The learned C. J. M. vide order dated 17-9-1998 rejected the application, against which the applicants have preferred the instant revision application.