BALIRAM ANNA JAWIR Vs. BASAVANNAPPA B GAOVE

JUDGEMENT

(1.) THIS appeal takes exception to the judgment and order passed by the Judicial Magistrate, First Class, Ichalkaranji dated June 30, 1986 in Criminal Case No. 3 of 1980. The respondent Nos. 1 to 3 original accused were charge-sheeted for offence punishable under section 7 (i), (v) read with section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 for storing and selling adulterated ground nut oil. Briefly stated, on 22-8-1989 at about 4. 30 p. m. the complainant along with two panch witnesses visited the shop of the accused who is a wholesale business merchant of ground nut oil and Soyabin oil under the name of accused No. 3 i. e. M/s. Basavraj Oil Trading Company situated in House No. 168, Ward No. 10, Ichalkaranji. The accused No. 2 is the son of accused No. 1 who is authorized to look after the business of accused No. 3 firm in the absence of accused No. 1. It is the prosecution case that the samples of ground nut oil were collected by giving notice to the accused, after disclosure of the identity of the complainant and necessary amount was paid for purchasing the said sample.

(2.) THE matter went for trial as Criminal Case No. 3/1980, before the trial Court. Four contentions were raised on behalf of the accused. Out of the said contentions, the trial Court accepted the contention Nos. 3 and 4 and therefore, found the accused not guilty of the alleged offence. The contention Nos. 3 and 4 read thus:

(3.) IT is this decision of acquittal which is the subject-matter of challenge in the present appeal. The respondents have been duly served; but since none appeared for the respondent Nos. 1 to 3-original accused, on the previous date, I thought it appropriate to appoint Shri A. S. Khandeparkar, Advocate, so as to get assistance in the matter. Besides, him, Mr. Prashant Naik appeared for the appellant and Mr. Gadkari for the respondent No. 4-State. With the assistance of the Counsel appearing in the matter, I have gone through the evidence on record including the judgment of the lower Court.