STATE OF MAHARASHTRA Vs. PANDURANG VIRYA AWALA

JUDGEMENT

(1.) This Criminal Revision Application by the State is directed against at order dated 11 th February 1981 passed by the learned Chief Judicial Magistrate, Aurangabad, in Criminal Case No. 6662 of 1978 whereby the proceedings of that case were ordered to be dropped.

(2.) The present complaint, out of which this Criminal Revision Application arises, was filed by the Food Inspector, Shri N. R. Bajaj, against accused Nos. 1 to 3, who are Respondents Nos. 1 to 3 in this revision, for offence under Section 7 (5) read with Section 16 (1) (A) (ii) of the Prevention of Food Adulteration Act (hereinafter referred to as "the said Act"). As per recitals in the complaint, accused No. 3, i e., Respondent No. 3 before me, in the proprietor of M/s. Vishnu & Co. having its place of business at Kanpur in Uttar Pradesh and he sold two boxes containing chamcham patti to Leela Tobacco Stores, Aurangabad, under Bill No. 2243 dated 12 th September, 1975. These boxes were sent through M/s, Transport Corporation of India and those boxes were delivered to accused No. 2 on 20th October 1975 and the delivery of boxes was taken by accused No. 1. Accused No. 2 by name Vyanketesh Awala is the owner of Leela Tobacco Stores at Aurangabad, while accused No. 1Pandurang Awalais alleged to be the salesman in the shop of accused No. 2.

(3.) The complaint recites that on 20th October, 1975, Food Inspector, Shri P. D. Patki, Visited the shop of accused Nos. 1 and 2 at Aurangabad and he purchased 600 gm.s of chamcham pattis after observing all the formalities as per the said Act. He divided the sample of 600 grams into three equal parts, which were packed and sealed in three different packs. One such sealed sample was delivered to accused No. 1, while another sealed sample was forwarded to the Public Analyst on 21st October 1975 with the specimen of the seal. The Public Analyst submitted report dated 28th November 1975, which was received by the Food Inspector Shri Patki on 1st December 1975. A copy of the report was also sent to accused No. 1Pandurangon 4th December 1975 by the Food Inspector. The report of the Public Analyst disclosed that the sample contained sacchrine as the sweetening agent and it also contained alluminium files and as such it was unfit for consumption, On 25th February 1976, the Food Inspector lodged a complaint at Kirana Chawadi Police Station, Aurangabad, and during investigation, some duplicate bill books were seized by the police. The papers were received from the police by the Food Inspector on 21-4-1978. Thereafter, on 2-5-1978, the complainant, who succeeded Shri Patki, applied for saction, which was accorded on 28-10-1978. This complaint for offences mentioned in the above paragraph came to be filed in the Court on 22nd November 1978.