P K KANE Vs. FAROOK KHOORDAYAR IRANI

JUDGEMENT

(1.) RESPONDENT No. 1 was convicted by the Special Judicial Magistrate, First Class, Poona, for an offence under Section 16(1)(b) and (c) of the Prevention of Food Adulteration Act and sentenced to suffer simple imprisonment for six months and to pay a fine of Rs. 1,000/ - or in default of payment of the fine to undergo further simple imprisonment for two months. He preferred an appeal against the order of conviction and sentence and the learned Additional Sessions Judge, Poona, allowed the appeal and directed the acquittal of the respondent. This appeal is directed against the order of acquittal and is filed by the Food Inspector, Poona, Municipal Corporation, who was the complainant in the proceedings. A few facts leading to this prosecution are as follows : -

(2.) ON 25.5.1971 at 5.00 p.m. the appellant as Food Inspector visited Lucky Restaurant and found the accused at the counter engaged in selling various food articles. There was ice -cream for sale in the freeze. The appellant disclosed his identity and demanded the ice -cream for sale for analysis by offering the price. As the accused refused to sell the same for analysis, the appellant called panchas and in their presence drew up a panchanama. He filed a complaint charging the accused with the commission of an offence under Section 16 of the Food Adulteration Act, as the accused by his refusal to sell ice -cream prevented him from taking a sample as authorised by the Act and also prevented him, from exercising the powers conferred on him by or under the Act.

(3.) AT the trial the accused pleaded not guilty and in his statement he substantially admitted the facts alleged by the prosecution, but according to him he had never refused to give the sample of ice -cream to the Food Inspector. It is not necessary to set out here the various, other facts alleged by him. This appeal, can be, disposed of on consideration of a few admitted facts.