STATE OF MAHARASHTRA Vs. SHAIKH MAQBUL ABDUL QADAR

JUDGEMENT

(1.) This is an appeal by the State under section 377 of the Code of Criminal Procedure, for enhancement of the sentence awarded to the respondent-accused.

(2.) The respondent-accused is conducting a grocery shop at Omerga. On 20th February, 1974, Food Inspector Tiwari went to his shop and purchased 600 grams of peppermint for analysis, after following the prescribed procedure. He sent the sample to the Public Analyst. The Public Analyst by his report Ex. 14 opined that the sample was adulterated under section 2(i)(j) of the Prevention of Food Adulteration Act as it was coloured with Auramine, Rhodamine B and Blue V. Rs. which are non permissible coal tar dyes. On these facts the accused was prosecuted.

(3.) The Court framed charge at Ex. 17 after recording the evidence of the Food Inspector. That charge is to the effect that the accused has committed an offence punishable under section 16(1)(a)(i) of the Prevention of Food Adulteration Act by reason of his having committed the offence under sections 2(i)(j) and 7(i) of the Act.