STATE OF MAHARASHTRA Vs. DINANATH KASHINATH

JUDGEMENT

(1.) Respondent No. 1--Dinanath Kashinath, was discharged by the learned Additional Chief Presidency Magistrate, 4th Court, Girgaum, Bombay, on 4th June, 1973. The order is impugned by the State.

(2.) According to the prosecution, Food Inspector Mr. S.J. Sambre, visited the shop of respondent No. 1 on 23rd September, 1973 and purchased 750 mls. of cows boiled milk. On observing the formalities, the sample was sent to the Public Analyst, who found it was adulterated as it contained 28.2% extraneous water. On obtaining, sanction he was prosecuted for offence punishable under section 7(i) of the Prevention of Food Adulteration Act read with section 16(1)(a)(i) of the Act.

(3.) The prosecution examined panch Hantsaj Devsi and the Food Inspector, who produced eight documents, on which the prosecution intended to rely. The panch did not support the prosecution. On the other hand, he made a categorical statement in examination-in-chief to the effect that he knew nothing about the case. No attempt was made to get this witness declared hostile or to examine other witness.