SITARAM EKNATH GALATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision application is filed by the original accused against the order of the Additional Sessions Judge, Aurangabad confirming the order of conviction and sentence passed by the learned Judicial Magistrate, Aurangabad under section 16(1)(a)(i) of the Prevention of Food Adulteration Act.

(2.) A few facts necessary for the purpose of appreciating the question of law urged by Mr. Savant for the petitioner (hereinafter, the accused) may be stated as follows :--- On 17-5-1979, at about 5.00 p.m., the Food Inspector visited the establishment known as Lok Vijay Dairy along with panchas and other staff. A bucket filed with milk was there in the shop. The inspector purchased 750 mls. of milk and paid Rs. 1.50 in that behalf to the accused, who was there in the shop at that time. Since the visit was with the intention of verifying whether milk sold in the shop conformed to the statutory requirement or not, the necessary sample was taken by him from the milk by purchasing the same in the quantity mentioned above. He dropped 20 drops of formalin in the same and the sample was divided into three parts. Each part was kept in the separate clean and dry bottle. The necessary label was affixed to the same and the bottles were sealed in the presence of the panchas and all other necessary formalities were observed.

(3.) One of the points urged by Mr. Savant for the accused pertains to alleged delay on the part of the prosecution in the matter of filing of the complaint against him. Hence, subsequent facts may be stated in the chronological order. It is mentioned above that the sample was taken by the Inspector on 17-5-1979. One of the samples was sent by the Inspector to the Public Analyst and the Report was received from the Public Analyst on 6-6-1979. The Report revealed that the sample contained 1.734% of added sugar and 51.377% of added water. The sanction to prosecute the accused was, however, received by the Food Inspector as late as on 23-11-1979 and the complaint was filed by the Food Inspector in the Court on 1-12-1979. The Court issued intimation to the accused as regards the Public Analysts Report on 28-12-1979 and the same was received by the accused on 2-1-1980. The accused appeared in the Court on 5-1-1980 and made an application to the Court for sending one of the samples to the Director of Central Food Laboratory, Mysore, for correct analysis. The bottle containing the 2nd sample was actually sent to the Director of Central Food Laboratory as late as on 29-1-1980 and the Report was received was received from the Director thereafter.