KARSANDAS G RAVALIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This criminal revision application arises out of a prosecution for an offence under section 7(i) read with section 16(1)(a) of the Prevention of Food Adulteration Act, 1954.

(2.) In the trial Court, there were, in all, three accused. Accused No. 1 Karsandas Govardhandas is the proprietor of "National Hing Supplying Company", Bombay. Accused No. 2 Narsinglal Dungarsi was a commission agent doing commission agency business under the name "Dungarsi Premji and Company" at Bombay and he died during the pendency of the trial. Accused No. 3 Chillu Kashiram Wani is a trader dealing in grocery articles at Malegaon, District Nasik. On April 19, 1967 accused No. 1 supplied 100 Kgs. of "Bandhana Khada Kala" in a gunny bag through accused No. 2 to accused No. 3 Chillu Wani. In that gunny bag, there were as many as five plastic bags, each containing "Bandhana Khada Kala". An invoice or bill as per Ex. 16 evidencing the said transaction was also sent by accused No. 1 through accused No. 2 to accused No. 3 Chillu Wani. According to the prosecution, the article supplied by accused No. 1 to accused No. 3 under the bill, Ex. 16, was Bandhani Hing or compounded asafoetida, though described as "Bandhana Khada Kala". It is further the case of the prosecution that from the gunny bag supplied by accused No. 1, accused No. 3 Chillu Wani took out a small quantity of the Bandhana Khada and kept it in a tin on a shelf in his grocery shop for sale.

(3.) On August 23, 1967, Food-Inspector Motiram Kapde visited the grocery shop of accused No. 3 Chillu Wani at Malegaon, accompanied by a panch named Shaligram Borse. Food Inspector Motiram Kapde purchased 600 gms. of Bandhani Hing from accused No. 3 for analysis. The usual procedure of dividing the purchased article into three parts, putting each part into a separate, clean and dry bottle, corking and sealing it in the presence of the pancha and handing over one of the sealed bottles to the vendor was followed. Out of the remaining two bottles, one was sent to the public Analyst, who reported that the food article in the sample bottle sent to him contained less than five per cent alcoholic extract and it did not confirm to the standards of compounded asafoetida as per the Prevention of Food Adulteration Rules, 1955. On receipt of this report from the Public Analyst and after obtaining the necessary sanction from the Municipal Council of Malegaon, Food Inspector Kapde prosecuted all the three accused for an offence under section 7(i) read with section 16(1)(a) of the Prevention of Food Adulteration Act, 1954.