STATE OF MAHARASHTRA Vs. BHAGYASHREE RAJENDRA BAGADE

JUDGEMENT

(1.) IN this appeal, the State of Maharashtra through Food Inspector, Food & Drug Administration has challenged the judgment and order dated 28/10/94 passed by the Chief Judicial Magistrate, Satara in Regular Criminal Case No.29 of 1993. By the impugned order learned Magistrate has acquitted the accused of the offences under the Prevention of Food Adulteration Act, 1954 ("the said Act" for short).

(2.) IT would be advantageous to begin with the facts of the case. PW 1 Avinash Narsappa Ransubhe is the Food Inspector, Food & Drug Administration, Satara. Accused 3 Chaitravel Agencies is a firm of which accused 1 and 2 are partners. Accused 3 has a shop situated at 135 Bhawani Peth, Satara.

(3.) ACCORDING to PW 1 on the same day he sent one sealed part of sample to the Public Analyst, State Public Health Laboratory, Pune, in a sealed packet along with the original memorandum in Form VII. He also sent copy of Form-VII and specimen impression of seal in a sealed envelope to the Public Analyst, Pune by registered post. Copy of the seal impression and acknowledgement receipt from the Public Analyst are on record at Exhibits 40 and 41 respectively.