STATE OF MAHARASHTRA Vs. JESSU DOSA

JUDGEMENT

(1.) By these two criminal revision applications the State of Maharashtra challenges the orders of the learned Metropolitan Magistrate, 29th Court, Dadar, Bombay dated 12th August, 1976, discharging the accused.

(2.) Briefly stated on 1-1-1975, the respondents grocery shop was visited by the Food Inspector. He took samples of mustard oil and coconut oil. The samples were sent to the Public Analyst who reported that both the samples were adulterated. On these facts the two prosecutions were commenced.

(3.) After the Food Inspector was examined and stated in his evidence in chief itself before the charge that he has given the copies of the report of the Public Analyst by hand to the accused and had not sent them by registered post, the learned Advocate for the accused submitted that was a clear contravention of Rule 9(j) of the Prevention of Food Adulteration Rules, and that rule was mandatory. The learned Magistrate accepted that view and discharged the accused in both the cases.