STATE OF MAHARASHTRA Vs. RAMKRUSHNA TANIRAM BHAVSAR

JUDGEMENT

(1.) This is an appeal by the State of Maharashtra against the order of acquittal passed by the learned Judicial Magistrate, First Class, Dhulia.

(2.) This appeal arises out of Food Adulteration Act. The accused is running a Kirana shop at Dhulia. On 30th June 1973 at about 12-20 p.m. Food Inspector Acharya, P.W. 1, visited the shop of the accused. He was accompanied by two panchas, P.Ws. 2 and 3, and after disclosing his identity he pointed out an article in a bag and intended to purchase the same. He purchased 450 grams of cinnamon and paid a price of Rs. 1.80ps. The said article was divided into three parts and one of the three parts was sent to the chemical Analyser for necessary examination. The report of the Chemical Analyser is at Exh. 17. Inter alia it is stated in the report that the sample MNA/47 is not of Cinnamon but is of foreign bark and is adulterated under Sec. 2(i)(c) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as Food Adulteration Act).

(3.) The learned Trial Judge Framed a charged against the accused for an offence under Sec. 7(i) read with Sec. 16(1)(a)(i) of the Food Adulteration act within the cognizance of the said Magistrate.