STATE OF MAHARASHTRA Vs. SHAMJI PREMJI SHAH

JUDGEMENT

(1.) The State has preferred this appeal against an order of acquittal by the learned Metropolitan Magistrate, 10th Court, Andheri, Bombay dated 30th March, 1976 in case No. 111/s of 1973 where in the respondent accused was prosecuted for an offence under section. 7(i) read with section 16 of the Prevention of Food Adulteration Act.

(2.) The complainant Food Inspector Shri Manohar Zambre raided the ship style as M/s. Shamji Premji, situate at J.P. Road, Andheri, where the respondent accused was alleged as a Proprietor, of the said shop, and having suspected that the ground nut oil stored in the premises was adulterated, the complainant purchased about 375 gms. of the said oil on payment of the price. The sample was then divided into three parts and parts having been properly sealed and one part having been given to the respondent accused, the further formalities such as obtaining receipt as also obtaining necessary information about the business were followed and one sample was sent by the complainant to the Public Analyst. The said was effected on 13th March, 1973 and the sample was also sent to the Public Analyst and was actually received at the other end on the very day. In due course, the Public Analyst sent his report, which is at Ex. D on record, certifying that the article analysed was adulterated under section 2(i)(l) of the prevention of Food Adulteration Act read with rule 5-A.17.03 of the Rules thereunder.

(3.) The complainant thereafter obtained the necessary sanction and lodged his complaint. The prosecution examined the complainant Food Inspector before charge and when the respondent pleaded not guilty, further evidence as that of other Food Inspector Shri Mulla was recorded. At the request of the defence, Public Analyst Shri Chatim was examined as P.W. 3.