ARIFBHAI Vs. THE STATE OF MAHARASHTRA AND ORS.

JUDGEMENT

(1.) The petition is filed against the judgment and order of Criminal Revision No. 97/2011, which was pending in the Court of Additional Sessions Judge, Aurangabad. The Sessions Court has dismissed the revision filed by present petitioner against the order of issue process made by the learned Judicial Magistrate, First Class, Aurangabad in SCC No. 45/2011, which is filed as a private complaint by the Food Inspector for offences punishable under sections 7[i] r/w. 2[ia] [a], section 2 [ia][c], 2 [ia] [m] punishable under section 16 of the Prevention of Food Adulteration Act, 1954 [hereinafter referred to as the 'Act' for short]. Both the sides are heard.

(2.) In the incident dated 24.10.2010 accused No. 1 was found selling Khoa in open place in Aurangabad. Police had given information to Food Inspector about such sale of Khoa. Food Inspector visited the place and collected sample of 750 grams of Khoa from accused No. 1. He followed the procedure laid down under the Act and sent a sample to local analysis. Food Inspector issued notice to accused No. 1 in Form No. VI and section 14-A of the Act. The accused then produced the bill of a firm by name Honest Dairy Products, Anand, Gujrat and informed that this firm had supplied the food article. The petitioner is proprietor of the said concern. The sample was found to be adulterated. Complaint is filed against both accused No. 1 and the present petitioner, manufacturer.

(3.) It is the case of petitioner that the name of purchaser appearing on the bill produced by accused No. 1 does not tally with the name of accused No. 1. It was also submitted that closed and sealed packets as per the requirement of the Act and Rules were not found in possession of the accused No. 1 and so, the prosecution as against the present petitioner is not possible.