STATE OF MAHARASHTRA Vs. BHAUSAHEB BALAJI KORDE

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By the present appeal, the appellantState has challenged the judgment and order dated 23.3.2000 rendered by the learned Judicial Magistrate, First Class, Akola, District Ahmednagar, in Regular Criminal Case No.151 of 1994, thereby acquitting all the accused Nos. 1 to 4 (respondents herein) for the offence punishable under Section 7(i) read with rule 50, punishable under Sections 16 and 17 of the Prevention of Food Adulteration Act, 1954 ("PFA Act" for brevity's sake).

(3.) PW1 Complainant R.D. Kokadwar, was appointed as Food Inspector under Section 9 of the PFA Act and rules made thereunder, for Ahmednagar District, vide order dated 17.7.1993 by the Commissioner, Food and Drug Administration, Maharashtra State, Bombay who is the Local identity to accused No. 3, and also his intention to draw sample of cow milk for test and analysis. Cans containing cow milk were lying there, allegedly meant for supply to Amratsagar Sahakari Doodh Vyavsaik Sanstha Maryadit, Akola. The complainant inspected the premises and purchased two samples of milks of 750 ml. each, from two different open and unlabeled cans and paid Rs.7.50 ps. as total cost of both the samples and intimation in form No. 6 for drawing two samples for test and analysis was given to accused No.3. Thereafter, the complainant issued notice to accused No.3 under Section 14A of the PFA Act, and obtained receipt thereof. Accused No.3 gave reply to the said notice. Samples were divided into three equal parts and each part was filled into three clean, dry and empty bottles and necessary formalities were observed in respect of packing and affixing labels thereon and sealing the same. Panchanama was drawn and the said samples were seized thereunder and the copy of the panchanama was given to accused No.3, under his acknowledgment.