STATE OF MAHARASHTRA Vs. JAIRAM CHANDRARAO GUJAR

JUDGEMENT

(1.) These three appeals by the State are directed against the order of acquittal passed by the learned Judicial magistrate. First Class, Chiplun, respectively in Criminal Cases Nos. 623 of 1978, 622 of 1978 and 621 of 1978, all decided on 3rd July, 1981, whereby the learned Judicial magistrate convicted and sentenced accused Nos. 12 and 13 in each case of the offence under sections 16 and 17 of the Prevention of Food Adulteration Act, 1954 hereinafter referred to as "the Act"), and acquitted the rest of the accused, who are Chairman, Vice-Chairman and Directors of the Dervan Vividh Karyakari Seva Sahakari Society Ltd., Dervan, Taluka Chiplun, District Ratnagiri (hereinafter for the sake of brevity referred to as the Society".

(2.) In all these cases the Food Inspector visited the premises of the Society on 16th February 1978 and obtained samples of cow milk, and the Public Analyst reported the milk thereof not in conformity to the standard of cow milk. The Chairman, Vice-Chairman, Directors and the Secretary of the Society were prosecuted for the offences punishable under section 7(i) & (v) read with section 2(ia)(a) & (c) and section 7(v) of the Act read with Rule 44-B of the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as "the Rules"), punishable under sections 15 and 16 of the Act. The learned Judicial Magistrate, after trying the respondents-accused Nos. 1 to 11 on the said charges, convicted the Society (accused No. 13) and the Secretary (accused No. 12) and imposed the sentence of R.I. for six months and a fine of Rs. 500/-, or, in default, R.I. for three months. The sentence was awarded to the accused No. 12 along in his personal capacity as well as in his capacity as a person-nominee for the accused No. 13 under section 17 of the Act. The rest of the accused were acquitted.

(3.) Feeling aggrieved with the acquittal of the rest of the accused in these three criminal cases, the State preferred these three appeals.