STATE OF MAHARASHTRA Vs. LAXMAN G MANWATHAKAR

JUDGEMENT

(1.) THIS is an appeal filed by the State against the order of acquittal passed by the Judicial Magistrate, F.C. Parbhani on 8-8-1974 acquitting the accused under section 16(1)(a)(i) read with section 7(i) of the Prevention of Food Adulteration Act, 1954. There is no dispute about the facts and procedure followed by the Food Inspector in this case. On the contrary the accused having admitted that he had sold 600 grams of chilly powder on the date in question; he has mixed in that preservative Class I, viz; common salt to preserve the chilli powder and it is the case of the accused that he has not committed any offence or has added anything to chilli powder so as make to injurious to health or to those who consume the same or has done anything in contravention of the provisions of the Food Adulteration Act. Mr. Solkar pointed out to me the report of the Public Analyst on p. 18 of the paper book, wherein it has been stated that the sample is adulterated under section 2(i)(c) of the Prevention of Food Adulteration Act, 1954 ; that the percentage of total ash and ash insoluble dil. Hel, is more than permissible limits and that the sample contained 11.5% of common salt which is an extraneous matter. The prosecution was based on the report of the Public Analyst and on the strength of this report, a complaint was lodged after obtaining sanction to prosecute the accuse under section 16(1)(a)(i) read with section 7(i) of the said Act. Mr. Solkar submitted that there is an error apparent on the part of the learned Magistrate in acquitting the accused by merely finding that the sample contained 11.5% of the common salt which has been described as an extraneous matter, or preservative of Class I and there was no limit prescribed for the addition of preservative of Class I. He submitted that the learned Magistrate has ignored the fact that the excess percentage of total ash insoluble in dil. Hel. in the sample, which was found to be in excess of what is provided in Appendix B.A.05.01 referring to chilli powder, where it is stated that the chilli powder shall conform to the following standards :