(1.) Heard. The present revision petitioner who was convicted by the learned Joint Judicial Magistrate First Class, Bhokar for the offences punishable under section 2(ia)(a) and 2(ia)(c) r/w. 7(i) punishable under section 16(1)(a)(ii) of Prevention of Food Adulteration Act, and sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs. 2000/-, as confirmed by the learned Additional Sessions Judge, Nanded, in appeal, is before this Court.
(2.) The complaint of the Food Inspector Sharad Kulkarni would show that on 21/7/1992 when he visited the weekly market of Umri, at that time, the present revision petitioner was found selling chilly powder. 600 gm. chilly powder from packet of 1 Kg. was taken as a sample. The sample was divided in three equal parts as per the due procedure. The samples were sealed in presence of panch witness. One of the sample, according to the provision was sent for analysis to the Public Analyst. The report of the Public Analyst shows that the sample was not confirming to the standards as prescribed i.e. ash of the sample was more than 8.0% and non volatile ether extract less than 12.0%. Therefore, after giving notice to the petitioner regarding the analysis, the complaint came to be filed.
(3.) Before the learned Joint Judicial Magistrate First Class, Bhokar, the Food Inspector as well as the Assistant of the Food Inspector i.e. P. W. 2 Sakharam were examined. The panch was not examined. The learned Joint Judicial Magistrate First Class, Bhokar came to the conclusion that the offence against the petitioner came to be proved and, therefore, the conviction as well as the sentence came to be recorded.