STATE OF MAHARASHTRA Vs. PANDURANG S WAGH

JUDGEMENT

(1.) This is an appeal by the State against an order of acquittal recorded by the learned Sessions Judge, Ahmednagar, reversing the order of conviction and sentence passed on the respondent by the learned Judicial Magistrate, First Class, Court No. 2, Ahmednagar, who convicted the Respondent under section 2(i)(k) read with section 7(i) read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 and rules framed thereunder. The Respondent was awarded R.I. for six months and a fine of Rs. 10,000/-, the default sentence being S.I. for six months.

(2.) The prosecution case was that on 21st May, 1973 at about 4.30 P.M. Food Inspector Mr. Rashinkar visited the Sodawater Factory owned by the accused at Chowpati Karanja, Ahmednagar, and obtained nine bottles of orange (aerated water) by observing some of the prescribed formalities, and on giving a notice to the Respondent that he was purchasing the stuff for being sent to the Public Analyst for analysis. A panchnama was drawn under which the bottles were supposed to be sealed and three out of the nine bottles were sent to the Public Analyst on 22nd May, 1973, i.e. on the next day of the attachment. The contents were analysed on 20th July, 1973 and the Public Analyst opined that they were heavily contaminated by bacterin and were unfit for human consumption.

(3.) The defence was of a total denial accompanied by a submission that the Respondent had filtered the water carefully and he had manufactured the contents by hand working machine. He attempted to lay some blame on the shoulders of the Food Inspector in not following the prescribed procedure for collecting the samples properly and sealing and dispatching them. It was further submitted that lapse of time of nearly two months may be the primary reason for the development of bacteria.