FOOD INSPECTOR BULDHANA Vs. BALKISAN BANSILAL CHANDAK

JUDGEMENT

(1.) 1. Heard Mr. Mandpe, learned A. P. P. for the appellant and Mr. A. V. Bhide, learned Advocate for the respondents. These two appeals are directed against the judgment and order of acquittal of respondents of offence under section 2 (ia) (a)read with section 7 (i) read with section 16 (1-a)and section 17 and section 2 (ia) (m), Section 7 (i)read with section 16 (1-a) read with section 17 of Prevention of Food Adulteration Act, 1954 by Judicial Magistrate First Class, 2nd Court, khamgaon in Criminal Case No. 147/1989 and summary Criminal Case No. 1578/1985 passed on 18-7-1990. Hence these appeals are being disposed of by this common judgment.

(2.) THE facts leading to the prosecution against the respondents are as follows :-The respondent No. 4 - [original accused no. 4], M/s. Chandak Trading Company was a registered Partnership Firm dealing in grocery business having its shop on Main Road, khamgaon. Original Accused Nos. 1 to 3 were partners of the said partnership firm. The complainant Shri. Prakash D. Patki (P. W. I) -who was Food Inspector duly appointed and posted at Buldhana at the relevant time along with Food Supervisor- Shri. Konnure and Panch sakharam Arjun Gawande on 13-6-1985 at 9. 00 a. m. visited the grocery shop of the firm. Respondent No. 1 (Original Accused No. 1) in his capacity as partner of the firm was present in the shop. The complainant disclosed him his identity and inspected the shop. He found a tin containing ground-nut oil kept for sale. The complainant disclosed his intention to purchase ground-nut oil from the tin for analysis and issued notice under section 14 (a) of the prevention of Food Adulteration Act [hereinafter referred to as P. F. A. Act]. Complainant purchased 450 grams of groundnut oil on cash payment of 6-95 ps. by issuing notice in Form No. VI. The complainant divided the oil in three equal parts and collected each part in dry, clean and empty bottles, corked the bottles tightly and affixed labels signed by accused No. 1, he himself and panch on each bottle. He then put all three bottles in three separate brown papers envelopes, closed the envelopes with gum and affixed the paper slip of local health authority on each packet and then tied all the three packets with twine horizontally and vertically and impressed four seals on each packet i. e. one on the top, other at the bottom and two on either sides of the bottles. Paper slips were then cross signed by the accused, complainant and panchas and accordingly panchanama was prepared which was signed by the witnesses and accused No. 1.

(3.) THE complainant on the same day and time, thereafter purchased 450 grams of kardi Oil that was kept for sale in the shop. For that he made cash payment of Rs. 6. 20 by issuing notice of his intimation in Form No. VI. He thereafter divided the oil in three equal parts and collected each part in dry, clean and empty bottles and corked each bottle tightly and affixed the labels with signature of accused No. 1 of his signature and panch on each bottle. He put all three bottles in three separate brown paper envelopes and all the envelopes were closed with gum and affixed paper slips of local health authority on each packet and all the three packets were tied horizontally and vertically with twine and were signed by himself, accused no. 1 and panch with cross signatures and then four seals were impressed on each packet and then accordingly seizure panchanama was prepared.