STATE OF MAHARASHTRA Vs. DHYAN DEO RAMCHANDRA PATIL

JUDGEMENT

(1.) This appeal by the State is directed against the order dated 31-5-1979 passed by the Additional Sessions Judge, Kolhapur, in Criminal Appeal No. 23 of 1979, allowing the appeal and setting aside the conviction and sentence passed by the learned Chief Judicial Magistrate, Kolhapur, in Criminal Case No. 12593 of 197 7, convicting the respondent-accused under section 16 (1) (a) (i) read with section 7 of the Prevention of Food Adulteration Act, 1954 and sentencing the respondent to rigorous imprisonment for six months and a fine of Rs. 1,000.00 in default three months' rigorous imprisonment.

(2.) The prosecution case briefly stated was that the respondent-accused is a resident of village Bhuye in Karvir Tahsil, District Kolhapur, and trades in milk. On 21-7-1977 at about 8.30 a.m. the complainant Food Inspector and the panch Gajanan Fakirappa Gavali were waiting near Shivaji Bridge, Kolhapur, to take the samples from the milk vendors and at that time the accused was seen carrying milk pots on a bicycle and going towards Kolhapur City. The complainant stopped the accused and disclosed his identity. On inquiring, the accused disclosed his name and told the complainant that he was carrying buffalo milk for vending in the city. Thereupon the complainant purchased 660 M.L. of milk from the accused after following the prescribed procedure under the Prevention of Food Adulteration Act, 1954 and the Prevention of Food Adulteration Rules, 1955, and prepared three sample bottles and had them packed and sealed. The accused also passed a receipt for the milk price paid to him. On the following day, one sample of milk bottle was sent to the Public Analyst and other two sample bottles were forwarded to the Local Health authority as per the provisions of the Act and the Rules. The Public Analyst, Kolhapur, reported that the buffalo milk contained 43.33% added water and it did not conform to the standards of buffalo milk. The accused was thus alleged to have contravened the provisions of sections 7 (i) and (v) and made himself liable for punishment under section 16 (I) (a) (i) of the Act. By order dated 3-10-1977, made under section 20 of the Act, the Joint Commissioner (Pune Division), Food and Drug Administration, Maharashtra State, came to the conclusion that this was a fit case for prosecution for the said offences. Thereafter the complainant R.T. Patil launched the present presecution and obtained summons against the accused. The accused appeared on 17-11-1977. On 7-12-1977, the accused made an application to the Court to send the sample to the Central Food Laboratory, Calcutta, for examination and the Court passed an order on the same day calling for the muddemal articles, viz., the samples lying with the Local Health Authority. This led to the postponement of the hearing of the case pending the report. The Director, Central Food Laboratory, Calcutta, by his letter, Ex. 8, dated 3-4-1978 forwarded his report, Ex. 9. Thereafter the trial commenced.

(3.) The defence of the accused was one of total denial. According to him, he had purchased the milk in question from others and he had not added water to it and that he was falsely implicated. The trying Magistrate, on consideration of the oral and documentary evidence, found that the prosecution had brought home the charge to the accused and in the result convicted the accused as stated above.