STATE OF MAHARASHTRA Vs. VIJAY NAMDEORAO KHAWASHI

JUDGEMENT

(1.) This is a State appeal against acquittal of the respondent in Regular Criminal Case No. 36 of 1998 recorded by the judgment delivered on 11-5-2001 by Judicial Magistrate, First Class, Karanja (Gh.), District Wardha.

(2.) Brief facts giving rise to file this appeal are stated as under : The respondent was prosecuted for an offence punishable under section 16(1)(a) read with section 7(i) and (ii) of the Prevention of Food Adulteration Act, 1954 (for short, 'the PFA Act') on the basis of the complaint filed by Food Inspector Shri D. K. Sonvane.

(3.) After considering the evidence brought on record and the arguments of the rival side, the learned Magistrate found that mandatory procedural requirements as prescribed under the Rules 15 and 16 of the PFA Rules were not followed and that the necessary notification showing due appointment of the complainant as a Food Inspector was also not produced in evidence and, therefore, the learned Magistrate acquitted the respondent. Not being satisfied with the judgment of acquittal, the State has filed the present appeal.