MOHAMED HANIF KASIM MANIYAR Vs. PRALHAD MAHADEO KAMBLE

JUDGEMENT

(1.) On October 6, 1977 Pralhad Mahadeo Kamble, the Food Inspector visited a bakery conducted by the petitioner herein at Barsi in Solapur District. He was accompanied by two panch witnesses. Samples of two varieties of biscuits were purchased. The necessary formalities were observed as the sample was divided into three parts. A detailed panchanama was recorded. In due course both the samples were forwarded to the Public Analyst who certified both not conforming with the standard under the Rules and those were adulterated. Ultimately two complaints were filed by the Food Inspector in the Court of the Judicial Magistrate, First Class, Barsi, against the petitioner for an offence under section 7 read with section 16 of the Prevention of Food Adulteration Act. The two cases were numbered as Criminal Case No. 757 of 1979 and Criminal Case No. 758 of 1979.

(2.) Process was issued and accused appeared in both the cases. However, for quite some time there was no effective progress in the two proceedings. On 26-5-1980 the complainant remained absent. The learned Magistrate in both the cases remarked that the complainant had remained absent on a previous occasion also. However, he did not pass any order adverse to the complainant but adjourned both the matters to 9-6-1980 making it clear that the complainant should remain present on that day as no further allowance would be made.

(3.) The complainant was absent even on the scheduled date i.e. 9-6-1980. The accused was present. The learned Magistrate, therefore, dismissed both the complaints for non-prosecution as no evidence was led and discharged the accused in both the proceedings.