STATE OF MAHARASHTRA Vs. HIRALAL MAGANLAL DOSHI

JUDGEMENT

(1.) The State preferred this appeal against the order of acquittal passed by the learned Judicial Magistrate, First Class, Vaduj, in Criminal Case No. 509 of 1979 decided on 23rd March, 1981 acquitting the respondents-accused of the offences punishable under section 7(i) read with section 2(ia)(a), 2(ia)(b) and 2(ia)(m) and section 16(1)(a)(ii) read with section 17 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act").

(2.) The respondents-accused have their grocery shop at Khatav in Satara District. On 18th September, 1978 the Food Inspector visited the shop and among other things he obtained a sample of ground-nut oil. The Public Analyst found that the sample of ground-nut oil adulterated, due to finding of free fatty acid for more than 3% and as such the oil sold by the respondents was adulterated, and on that basis the respondents were prosecuted for the above mentioned offences. The learned Judicial Magistrate found that the complainant-Food Inspector failed to prove that he obtained ground-nut oil from the respondents in a clean dry pot and thereafter divided it three parts and put it into three dry and clean bottles, and, therefore, the report of the Chemical Analyst finding the oil adulterated could not be accepted for convicting the respondents. On a short point he acquitted the respondents.

(3.) The State, feeling aggrieved, preferred this appeal at the instance of the Food Inspector.