H T JADHAV Vs. GANGAPPA DHONDIAPPA PANGULWALE

JUDGEMENT

(1.) This is an appeal by the original complainant---The Food Inspector of Municipal Council at Jalna---against the order of the Judicial Magistrate, First Class, Jalna, acquitting respondent No. 1 Gangappa Dhondiappa Pangulwale of the charge under section 7(i) read with section 16(1)(a)(i) of the prevention of Food Adulteration Act, 1954. Respondent No. 1, who would hereinafter be referred to as " the accused" deals in milk.

(2.) On January 21, 1974 Mr. H.T. Jadhav, the Food Inspector of the Jalna Municipal Council noticed the accused coming to Jalna with a pitcher containing milk near S.T. Stand. The Food Inspector stopped the accused and purchased from him 660 ml. of milk for Rs. 1.25, after duly informing the accused that he was purchasing the same for sending it for analysis to the Public Analyst. This was done in the presence of three independent persons.

(3.) Then he followed the prescribed procedure of diving the purchased quantity in three different equal parts and putting them in separate dry and clean bottles. He also added the necessary drops for formalin to the milk kept in each bottle and each bottle was properly corked and sealed. Necessary notice was given to the accused and receipt was also from him.