(1.) The State of Maharashtra has challenged the order of acquittal recorded in favour of the respondent in Criminal Appeal No. 29 of 1975 by the learned Sessions Judge, Satara.
(2.) The facts, in brief, are as under:-
(3.) It is also an admitted fact that the accused appeared pursuant to the summons from the court for the first time in the Court on 2nd of April 1974. In the trial Court the Food Inspector was examined who substantially corroborated his complaint and deposed what I have stated as the prosecution case. He was cross-examined. He stated that he has taken B.Sc. degree in Science. According to him, if formalin is added in food articles, the quantity of it remains fit for analysis up to one year and it deteriorates if formalin is not added in it. After one year, it is not fit for analysis even if formalin is added and if formalin is not added in it, it is not fit for analysis even after two days. He further admitted that -