ISHWARDAS S O BHAKTUMAL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This revision application arises out of prosecution for offences under the Prevention of Food Adulteration Act, 1954.

(2.) At Jalna, there is a partnership firm doing grocery business under the name and style of Nanikram Narayandas Kirana Merchant. The first petitioner Ishwardas, who was accused No. 1 in the lower Court, is a partner and the second petitioner Madhavdas, who was accused No. 5 in the lower Court, is an employee of this partnership firm. On 29th May, 1973, at about 3.20 p.m., Food Inspector Narwane visited this grocery shop along with a panch. The second petitioner was present in the shop at that time. Mr. Narwane found about 50 Kgs. of Dal in a gunny bag and he purchased 750 grams of Dal from that gunny bag from accused No. 5 for analysis on payment of Rs. 1.12 p. as the price. The usual procedure was then followed and one of the sealed packets was sent to the Public Analyst for Analysis. The Public Analyst sent a report that the sample Dal sent to him for analysis was Lakh Dal and it was misbranded under section 2(ix)(c) of the Prevention of Food Adulteration Act, 1954. The necessary sanction to prosecute the accused was then obtained and the accused came to be prosecuted for offences under section 16(1)(a)(i) and section 16(1)(a)(ii) read with section 7(ii) of the Prevention of Food Adulteration Act, 1954.

(3.) Both the accused denied the charge and pleaded not guilty. They put forth a plea that the Dal, which was sold to the Food Inspector, was inferior Dal to be used as cattle feed and they had not committed any offence by selling that Dal.