VILAS MARUTRAO TANPURE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Both the proceedings are filed under Article 227 of Constitution of India and section 482 of Criminal Procedure Code.

(2.) Accused No. 5 M/s. Milkcraft Diary Private Ltd., Shelgaon (Davalvadi), District Jalna from R.C.C. No. 23 of 2011 is in the business of selling milk. Accused Nos. 2 to 4 are its Directors and at the relevant time, accused No. 1 was working as Production Executive in accused No. 6 - Company. On 1.10.2010, the complainant, Food Inspector, collected sample of cow milk for analysis from the premises of accused No. 6. Notice under section 14-A was given to accused No. 1. On 25.1.2011 the complainant received report of analysis to the effect that the sample does not conform to the standards of cow milk. The complaint is filed for offences punishable under sections 7 (i) read with section 2 (ia)(a) and 2 (ia)(h) and section 7 (v) read with Rule 44 (1) punishable under sections 16 and 17 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act' for short).

(3.) Accused No. 6 - M/s. Shree Samarth Milk and Milk Products Ltd., Mirajgaon, Tq. Karjat, Dist. Ahmednagar from R.C.C. No. 305 of 2002 is also in the business of selling milk. Accused Nos. 2 to 5 are its Directors and accused No. 1 was working as Supervisor with accused No. 6, at the relevant time. On 26.6.2001, the complainant, Food Inspector, intercepted a tempo vehicle bearing No. MH-23/1516 on which there was the name of accused No. 6 as owner at Shivaji Chowk, Parbhani. Accused No. 1 was present in the vehicle and he informed that he was an employee of accused No. 6 and he was carrying pouches of milk from the premises of the aforesaid Company to Parbhani for selling. He informed that some pouches were already sold at Selu and Pathri, District Parbhani. The complainant collected the samples from these pouches. The complainant gave notice under section 14-A of the Act to accused No. 1. On 30.7.2001 the complainant received report of Analyst and which was to the effect that sample does not conform to the standards prescribed.