STATE OF MAHARASHTRA Vs. DEORAO RAMARAO SHANBBAG

JUDGEMENT

(1.) This is an appeal filed by the State against an order of acquittal passed by the Judicial Magistrate, First Class, Sangli, acquitting the respondent of offences punishable under Sections 7(i) and (v) read with Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act.

(2.) It is not necessary for the purposes of this appeal to enumerate all the facts in details. It was the case of the prosecution that, after following the prescribed formalities under the Prevention of Food Adulteration Act, the Food Inspector had taken sample of chilly powder which was stored by the respondent original accused in his canteen which he was running at Vita Bus Stand. The sample was sent to the Public Analyst who gave a report that the chilly powder contained more ash than prescribed under the rules. He was, therefore, prosecuted after obtaining requisite sanction.

(3.) At the trial, it was the defence of the respondent that the chilly powder was not stored for the purposes of sale, nor was he using it for the purpose, of preparing any articles of food which he was selling. It was his ease that he sold only sweetmeat articles and the chilly powder was kept in the kitchen for preparing meals for himself and for his servants. His defence was accepted by the Magistrate that the chilly powder was kept for preparing food for his servants. He, therefore, acquitted him. It is against this order that the present appeal has been filed by the State.