STATE OF MAHARASHTRA Vs. GHANSHAMDAS PAPALAL LADDA

JUDGEMENT

(1.) The above appeal was filed against the order of acquittal passed by the Judicial Magistrate, First Class, Bhir, in Criminal Case No. 800 of 1975, in which from the opponent Ghanshamdas Papalal Ladda, the Food Inspector of Bhir, purchased 600 grams, of Besan, by paying its price of Rs. 1.65, and it was alleged on the basis of the report of the public analyst that the sample sent to him was adulterated within the meaning of the Prevention of Food Adulteration Act; and the opponent was, therefore, prosecuted under section 16(1)(a)(i) r/w section 7(i) of the Prevention of Food Adulteration Act.

(2.) The learned Magistrate acquitted the accused on the ground that the prosecution failed to prove satisfactorily the alleged adulteration of the Besan which was sold to the Food Inspector, because the Public Analyst had not shown the quantity or the percentage of gram dal starch and watana dal starch, in the Besan, sold to the Food Inspector, on November 12, 1973. The learned Magistrate also held that the provisions of Rules 7, 17 and 18 of the Prevention of Food Adulteration Rules were not observed in the case inasmuch as the Food Inspector did not send the sample packet, the memorandum and the specimen seal separately.

(3.) The order of acquittal passed by the leaned Magistrate, on November 1, 1975, is challenged in above appeal Mr. Deshmukh, the learned Public Prosecutor, contended that the view taken by the learned Magistrate, is inconsistent with the decision of a Division Bench of this Court in (Enayat Ali Nazar Ali Bhori v. The State of Maharahstra) 78 Bom.L.R. 293.