MURLIDHAR DULLABHDAS WANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application by the five accused persons for quashing the charge framed against them and to discharge them from the prosecution.

(2.) THE undisputed facts, are as follows; The petitioners are the traders whose godown and shops were raided by the food inspector on November 29, 1972. Purchase of Bajara was effected for the purpose of analysis under the provisions of the Prevention of Food Adulteration Act, 1954. All formalities were performed and a sample attached. One portion of the sample was sent to the public analyst and a report was received dated January 29, 1973 that the Bajara is adulterated inasmuch as it contains 5 per cent, of the damaged grain. In due course a complaint was lodged against the petitioners on November 26, 1973 under the provisions of Sections 7 and 16 read with Section 17 of the said Act

(3.) ON the same day the learned Magistrate recorded the statement of the food inspector and adjourned the case for framing charge. Ultimately on March 24, 1977, he has framed a charge under which the accused are told that they have sold adulterated Bajara on November 29, 1972 and thereby committed offence punishable under Section 7 read with Sections 16 and 17 of the said Act and they were directed to be tried for the said charge. It is against this framing of charge that the petitioners have filed the present petition.