STATE OF MAHARASHTRA Vs. G.S. MORE

JUDGEMENT

(1.) This is an appeal filed by the original complainant against the order of acquittal passed by the learned Special Judicial Magistrate, First Class, Poona, Municipal Corporation, Poona, acquitting the accused of the charge under section 16(1) (a) (i) read with section 7(1) and Rule A.09 of Appendix V-B of the Prevention of Food Adulteration Act.

(2.) The prosecution was launched on the complaint filed by one More (P.W. 1.) Food Inspector of the Poona Municipal Corporation, Poona. The allegation in the quantity sold by the accused on 13th March 1970 at 10-15 a.m. in Shukrawar Peth, House No. 1541, Poona contained common edible salt more than 5% and had ash insoluble in Hcl. more than 1.0% and as such not conforming to the standard laid down for 'Curry powder'. It was stated in the complaint that the accused No. 2 was the manufacturer of Masala known a 'Kolhapur Masala' and that he held a licence from the Health Department of the Poona Municipal Corporation, Poona to manufacture such Masala in the premises of House No. 1541. The complainant visited the said shop of accused No. 2 wherein 'Kolhapur Masala' was manufactured, took the samples of such Masala from accused No. 1 on his paying the price of Rs. 2.75 and obtained a receipt from accused No. 1 of giving notice informing him that the sample was taken for analysis, of his holding sampling process according to the Rules and Regulations and of his having given one of the sample packets to the accused. He then sent the sample packet to the Public Analyst and after obtaining a report from him and after obtaining sanction of the medical Office of Health, Poona Municipal Corporation, Poona, filed a complaint before the Special Judicial Magistrate, First Class, Poona Municipal Corporation, Poona, against the accused.

(3.) The learned Magistrate framed a charge against the accused under section 16(1) (a) (i) read with section 7(1) and Rules A.09 of Appendix V-B of the Prevention of Food Adulteration Act.