STATE OF MAHARASHTRA Vs. TRIKAMJI GOVINDJI JANI

JUDGEMENT

(1.) This is an appeal by the State, aggrieved by the Order of acquittal passed by the Judicial Magistrate, First Class, Chalisgaon, on 12-2-1975, in Criminal Case No. 1150 of 1973, acquitting the respondent Tirkamji Govindji Jani, of the charge under section 7 read with section 16 of the Prevention of the Food Adulteration Act, 1954.

(2.) The facts briefly stated are that Food Inspector Bankar visited the S.T. Canteen at Chalisgaon, situated at Chalisgaon S.T. stand on 22-5-1973 at about 2.00 p.m. The respondent was found supervising the business and selling food-articles. By disclosing the identity, Food Inspector Bankar collected a sample of Haldi (turmeric) powder, stocked in the premises of respondent. At that time panchas were called; the sample of 450 gms. was divided into three parts, so that one was sent to the Public Analyst, one was given to the respondent and one was kept for producing in the court. The samples so collected were kept in dry polythin bags. The Food Inspector obtained a receipt of the payment of costs.

(3.) The report Exh. 17 received from the Public Analyst shows that the sample contained total ash more than 9% and as such it was adulterated under section 2 (i) (c) of the P.F.A. Act 1954. A sanction was obtained and the respondent was put on trial.