STATE OF MAHARASHTRA Vs. PIRUMAL KHUSHALDAS

JUDGEMENT

(1.) THE State of Maharashtra challenges the order of acquittal passed by the Special Judicial Magistrate, First Class, Corporation, Nagpur, in Criminal Case No. 7928 of 1972 against 4 respondents who were charged that they, as partners of a partnership firm M/s. Khushaldas Dewanmal and Co. at Itwari, Nagpur, conducted business of edible oil and on 13th of Septemiber 1973 sold groundnut oil to Shri Kirtane, a Food Inspector, which on analysis did not conform with the standard laid down as per Prevention of Food Adulteration Rules 1955 and thereby committed an offence punishable under Section 7 (i) read with Section 16 (1) (a) of the Prevention of Food Adulteration Act.

(2.) THE facts of the prosecution case in brief are as under:

(3.) AT the trial Kirtane examined himself and substantially deposed what I have stated as the prosecution case. Besides him, the panch was also examined but he was declared hostile. He accepted that he signed the panchanama. It appears that this panch has a shop situated in front of the shop of the accused. However, in his cross-examination he stated that the bottles were sealed in his presence. About 8 or 9 samples were taken. But the fact that the samples were taken and bottles were sealed is not disputed. Hence his evidence does not assume any importance. Liladhar Asai, another Food Inspector, has also given evidence and he has supported the evidence of Shri Kirtane. It is also seen that the samples were obtained by Shri Kirtane while complaint was lodged by one Armorikar who is also examined as P. W, No. 4, A contention was raised in the trial Court but Shri Manohar submitted that he would not agitate and raise that contention in this Court.