STATE OF MAHARASHTRA Vs. SAKHARAM RAGHUNATH DANGE

JUDGEMENT

(1.) This is an appeal by the State for enhancement of the sentence awarded by the learned Judicial Magistrate, First Class, Nasik, to the respondent-accused.

(2.) The facts giving rise to this appeal are briefly these: The accused is a proprietor of the hotel called "Ruchira" at Nasik. On 25th January, 1974. Food Inspector Sonawane visited the hotel and took sample of vegetable Biryani for analysis. The report of the Public Analyst showed that the sample contained (1) tartrazine and (2) carmosine. The Public Analyst therefore, expressed an opinion that the sample contained extraneous coal tar dyes viz., tartrazine and carmosine in contravention of Rule 29 of the Prevention of Food Adulteration Rules, 1955. On these facts the accused was prosecuted.

(3.) After the evidence of the Food Inspector was recorded the Court framed a charge (Exh. 2) as under: "That you on or about the 25th day of January, 1974 at Nasik stored for sale and also sold vegetable Biryani containing tartrazine and carmosine coal tar dyes which are prohibited under Rule 29 of the Rules and thereby committed and offence punishable under section 7(i) read with section 16(i) of the Prevention of Food Adulteration Act and within my cognizance.