STATE OF MAHARASHTRA Vs. JHONY JAYLAL WADHWANI

JUDGEMENT

(1.) This is an appeal preferred against the judgment and order dated 18.11.2000 passed in R.C.C. No. 38 of 1999 by the Chief Judicial Magistrate, Pune thereby acquitting the respondent of the offences punishable various sections of Prevention of Food Adulteration Act, 1954 (hereinafter referred to PFA Act in short). Briefly stated, the facts are as under:

(2.) The respondent was prosecuted by the State at the instance of Food Inspector, Food and Drug Administration, Pune on the allegations that on 19.05.1998 at about 130 p.m. the respondent who was a vendor and proprietor of M/s. Neelam Food Products situated at 59/A, Mundawa, Pune was found to be storing, distributing and selling a food article, a Pan Masala under the brand name Jani Khushbu scented Pan Masala which was adulterated and not found to be in conformity with the standards prescribed for the same under PFA Rules, 1955 read with relevant sections of the PFA Act.

(3.) As the respondent pleaded not guilty to the charge framed against him and claimed to be tried, he was tried for the offences under Sections 2 (ia)(a), 2 (ia)(m) read with Sections 7(i), 7(v) read with Rule 42 (zzz)(1) & under Section 16 of the PFA Act with which he was charged. On merits of the case, the learned CJM found that the prosecution failed to prove all the offences that were charged against the respondent beyond reasonable doubt and, therefore, the learned CJM acquitted the respondent of the said offences by his judgment and order dated 18.11.2000. Not being satisfied with the said order, the State chose to approach this Court in the present appeal.