NAJI RAI CHHEDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner-accused challenges the Order of the learned Sessions Judge, Thane, dismissing his appeal against the order of the learned Chief Judicial Magistrate, Thane, convicting him for an offence under section 7(i)(v) and 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 read with Rule 44(e) of the Prevention of Food Adulteration Rules, 1955, and sentencing him to suffer R.I. for six months and to pay a fine of Rs. 1000/-.

(2.) Briefly stated the prosecution case is under : On 1st February, 1973 one Simpi, the Food Inspector, visited the shop of the petitioner accused named as "Chheda Provisional Stores", Thane and took sample of 450 gms. of groundnut oil by following the prescribed procedure. The sample was sent to the Public Analyst and he by his report Exh. 30 opined that the sample was adulterated under section 2(i)(a) of the Prevention of Food Adulteration Act, 1954 read with Rule 44(e) of the Prevention of Food Adulteration Rules, 1955. On these facts the accused was prosecuted.

(3.) The accused pleaded not guilty to the charge and claimed to be tried. His defence was that he was using one measure to sell different varieties of oil which was being purchased from outside, and, therefore, he submitted that he has not committed any offence.