STATE OF MAHARASHTRA Vs. DHANNAJI KACHARE

JUDGEMENT

(1.) The respondent in this appeal (hereinafter referred to as the accused) was prosecuted in Criminal Case No. 62/AD/75 in the Court of the Metropolitan Magistrate, 25th Court, Bombay, for an offence punishable under Sec. 16(l)(a)(i) read with Sec. 7(1) of the Prevention of Food Adulteration Act. The allegation of the prosecution was that he had, contrary to the provisions contained in the said Act, sold to the Food Inspector at Bombay, a food item of Khaskhas which on analysis by the Public Analyst was found to contain insects.

(2.) The learned trial Magistrate acquitted the accused on the ground that the prosecution had failed to prove that what was sold to the Food Inspector was unfit for human consumption within the meaning of Sec. 2(I)(f) of the Prevention of Food Adulteration Act. This he did by his judgment and order dated 26th March 1976.

(3.) This order of acquittal is being challenged by the State in the present appeal supported before me by the learned Public Prosecutor Mr. S. B. Patil. Mr. Patil contended that in this case there is evidence to show that the sample which was purchased from the accused and which was analysed by the Public Analyst was unfit for human consumption. He invited my attention to the testimony of the Public Analyst examined as P.W. 2. He has mentioned that according to him the sample was not fit for human consumption. This, according to Mr. Patil, is sufficient for holding the accused guilty of selling an item of food which is adulterated within the meaning of Sec. 2(l)(f) of the Act.