STATE OF MAHARASHTRA Vs. RADHESHYAM GOPIKISHAN MANTRI

JUDGEMENT

(1.) Criminal Appeal No. 501 of 1979 is filed by the appellant, the State of Maharashtra, challenging the order of acquittal dated December 18, 1978, passed by the Additional Sessions Judge, Aurangabad. There was four days delay in filing the said criminal appeal and, therefore, the State of Maharashtra preferred Criminal Application No. 824 of 1979 praying for condonation of delay. I heard both the sides on the question of limitation. There is no serious opposition and, therefore, I condone the delay. Rule is accordingly made absolute in Criminal Application No. 824 of 1979.

(2.) The respondent-accused (hereinafter referred to as "the accused") was tried for offences punishable under section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act"), before the Judicial Magistrate, First Class, Ambad on deputation at Jalna. It is alleged by the prosecution that the sample of mirchi powder taken from the shop of the accused was found adulterated and not in conformity with the rules framed under the Act. The accused denied the charge and claimed to be tried.

(3.) The prosecution in support of its case examined the Food Inspector, Narain Salwaji Narvane (P.W. No. 1) and the panch witness Radhakrishan Shivlal Dudhani (P.W. No. 2). In addition to this oral evidence, the prosecution also produced on record the panchanamas effected at the time of taking the sample to the Public Analyst and the report of the Public Analyst.