STATE OF MAHARASHTRA Vs. DAMODAR SHRIDHAR ARBOOJ

JUDGEMENT

(1.) This is an appeal by the State for enhancement of sentence. The respondent-accused has been convicted by the learned Judicial Magistrate, First Class, Nasik, under section 7(i) read with section 16(1)(a)(ii) of the Prevention of Food Adulteration Act, and sentenced to a fine of Rs. 500/- or in default to suffer R.I. for fifteen days.

(2.) The accused was the owner of the hotel known as "Tourist Home" standing on Old Agra Road, Nasik. The Food Inspector Mr. Begle visited the hotel on 18th November, 1972 and inter alia purchased 375 grams of refined groundnut oil from the accused for the purposes of analysis, on observing all the pre-requisite formalities. He forwarded the sample to the Public Analyst who found it to be adulterated with some other edible oil and thus it contravened the provisions of Rule 44(e) framed under the Act. On obtaining the sanction the respondent-accused was prosecuted for selling adulterated Article of food.

(3.) The defence was that the accused is not a dealer in oil, but runs a hotel and for his own use he had taken out some oil. The oil from which the sample was taken was the oil which remained after preparation of the food and he never sold it as refined oil, nor did he ever adulterate it. This defence found little favour with the learned Magistrate.