THE STATE OF MAHARASHTRA Vs. HARISHCHANDRA SADHURAM AGARWAL

JUDGEMENT

(1.) All the three appeals filed by the State of Maharashtra challenge the judgment of acquittal passed by the learned Additional Sessions Judge, Satara, (for short "the first Appellate Court") thereby reversing the order passed by the trial Court holding the appellant- accused guilty for the offence under Section 7 (1) read with Section 16 of the Prevention of Food Adulteration Act. Since the present appeals involve a similar question of law and revolve around similar facts, they are disposed of by this common judgment.

(2.) In all Criminal Appeals, the accused Harischandra Agarwal vendor and proprietor of M/s Harishchandra Agarwal, Kirana Bhusar shop Yado Gopal Peth, Satara is charged for offence under Section 7 (i),(ia), (a) and (m) of the Prevention of Food Adulteration Act , 1954. The Food Inspector on visiting the shop of the accused on 23/9/1993 purchased the ground-nut oil, rapeseed oil from the packed tin in the shop and on following the procedure prescribed, forwarded the samples to the Public Analyst, State Public Health Pune on 24/9/1993. A report was received from the Public Analyst, reporting that the sample did not confirm to the prescribed standard as per Rules. After obtaining the necessary permission /consent in writing from the Joint Commissioner, Pune Division, Food and Drugs administration, Maharashtra State Pune, separate complaints were lodged in the competent court which took cognizance and the accused was put to trial for the offence under Section 16 (1) (a) of P.F.A. Act.

(3.) As per the case of the prosecution, the Food Inspector Shri K.A. Shintre visited the shop premises belonging to the accused M/s Harischandra Sadhuram Agarwal, a Firm, belonging to the accused M/s Harischandra Sadhuram Agarwal, a firm dealing in grocery articles on 23/9/1993 at about 15:30 hours. An inspection report was prepared by him and copy of the same was delivered to the accused. The complainant noticed that the accused had stored 135 oil tins (edible oil), 80 gunny bags of cereals for sale. During inspection, it was found that three packed tins of Gajraj brand imported refined rape-seed oil of 15 kilograms were kept for sale along with other packed tins of various kinds of edible oil. Food Inspector, Shri Shintre purchased 450 grams of ground-nut oil from one of such oil tin for the purpose of sample of said imported refined rapeseed oil. Accused sold the complainant 450 grams of imported refined rapeseed oil from three packed tins for the purpose of test and analysis.