STATE OF MAHARASHTRA Vs. BHAGAT BACHIA AHIR

JUDGEMENT

(1.) This is an appeal, filed by the State, against the order of acquittal, passed on February 13, 1974, by the learned Presidency Magistrate 36th Court, Bombay Central, Bombay in Case No. 257/FA of 1973, in which the respondent, Bhagat Bachia Ahir was prosecuted under section 2(i)(c) and 2(i)(d) of the Prevention of Food Adulteration Act, 1958, on the allegation that on February 10, 1973 at 5.30 a.m. the accused sold unboiled milk, which contained 21.1% extraneous water and 8.9% fat deficiency, which was found adulterated by the Public Analyst.

(2.) The accused denied having committed the offence. The prosecution relied on the evidence of Chinnubhai Shah (P.W. 1) and Manohar Sawant, (P.W. 2) Food Inspector for showing that the Inspector visited new Milk Market at Khika Street, Bombay on February 10, 1973, at 5.30 a.m. and in the presence of independent witness Chinnubhai he demanded and purchased 700 ml. buffalos unboiled milk from accused No. 2, the respondent, who was present in the shop.

(3.) The learned Magistrate found that the so called independent witness did not go through the papers which he signed that day; and the papers were also not read out to him, as he admitted in the cross-examination, though he said that whatever was written mentioning 90 drops of medicine was not correct. He said that he signed because the Inspector told him to sign. The learned Magistrate further found that the Food Inspector was not a Food Inspector as defined in section 9 read with Rule 8 framed under the Prevention of Food Adulteration Act, 1954.