STATE Vs. SHEIKH MUSTAWUEEN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 9th July, 2009 passed by Judicial Magistrate, First Class, Mapusa, Goa, acquitting the respondents of the offence punishable under Section 87(F) of Goa Public Health (Amendment) Act, 2005.

(2.) Respondents are alleged to have stocked for sale Goa 1000 Gutkha and RMD Gutkha containing tobacco as one of the ingredients, the stock and sale of which is prohibited in State of Goa, in their premises VS-22 Venor Plaza, Calangute, Bardez Goa. It is the case of the prosecution that on 29th April, 2006 the inspector appointed under Prevention of Food Adulteration Act, 1954 visited the premises of respondent no.1 where respondent no.2 was present as a vendor. On inspection, the inspector found 25 sealed packets of Goa 1000 Gutkha and 8 sealed packets of RMD Gutkha kept in the shop. Since the articles contained tobacco, the sale, manufacturer, distribution and stocking of which is prohibited in the State of Goa under Section 87A(1) and 87A(2) read with order 13/144/97/I/PHD (Part), read with the notification dated 20th December, 2004 published in Official Gazette under Goa Public Health(Amendment) Act, 2005, he filed complaint for the offence punishable under Section 87(F) of Goa Public Health (Amendment) Act, 2005.

(3.) The trial Court acquitted the respondents on two grounds. Firstly that the prosecution has failed to establish that the packets recovered actually contained tobacco. And secondly that the notification issued by the Government does not prohibit mere storing of food articles containing tobacco, consequently, mere storing is not an offence.