SHESHRAO TOPAJI SHEP Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE revision petitioner challenges the order of the learned Additional Sessions Judge, Bhir, dated 17th Jan. 1977 confirming the order of the learned Judicial Magistrate, First Class, Ambajogai, dated 30th July 1976 by which the learned Magistrate convicted the petitioner-accused for an offence Under Section 16 (1) (b) of the Prevention of Food Adulteration Act and sentenced him to suffer RI. for six months and to pay a fine of Rs. 300/ -.

(2.) THE allegations on which the prosecution was founded are briefly these: On 16th July 1974 at Ambajogai at about 6. 15 a. m. , Patankar (P. W. 1) the Food Inspector accompanied by Joshi (P. W. 2) another Food Inspector and two panchas including Sadashiv (P. W. 3) were proceeding from Albela Stores near the Fashion Centre. At that time they noticed the accused proceeding on a bicycle with a brass pitcher. Patankar stopped the accused and he disclosed his identity to that accused. He asked the accused what the pitcher contained. The accused stated that it was buffalo's milk. He further asked the accused as to why he was taking the milk. The accused stated that he was taking the milk for sale. Mr. Patankar further asked as to who the owner of the milk was and the accused stated that he was the owner of the milk. Mr. patankar thereafter offered to take the sample of the milk by disclosing his identity. The accused removed the pitcher which was tied to the handle of the bicycle and kept it on the road in front of the steps of the Fashion Centre on one of which Mr. Patankar was actually sitting. Mr. Patankar was busy writing a notice Under Section 11 and his colleague Mr. Joshi was taking out the bottles for taking samples. The accused abruptly picked up the pitcher and threw away the milk thus preventing the Food Inspector from taking the sample. Immediately a panchanama (Ex. 18) was prepared. A policeman also came there. The accused was then taken to the police station. On these facts the accused was prosecuted Under Section 16 (1) (b) of the Prevention of Food Adulteration Act.

(3.) THE accused pleaded not guilty to the charge and claimed to be tried. His defence was that when he was proceeding from the vegetable market towards Ambajogai temple he noticed that there was a puncture of one of the tyres of his bicycle. That is why he had held the bicycle in his right hand and the brass pitcher containing milk in his left hand. At that time, he stated that Mr. Patankar suddenly held his hand as a result of which the accused got a jerk resulting into the pitcher falling from his hand and the milk being spilt on the road. That time he stated, he remarked to the Food Inspector as to why he had behaved in that foolish manner and asked him for the price of the milk. That is why he stated, he was falsely involved.