STATE OF MAHARASHTRA Vs. JOHN SALVADOOR LOBO

JUDGEMENT

(1.) These appeals have been filed by the State for enhancement of the sentence awarded to the respondents-accused by the Metropolitan Magistrate, 28th Court, Esplanade, Bombay, in three separate cases.

(2.) Briefly stated that prosecution case is as under: On March 22, 1974, at about 3 p.m. Kulkarni (P.W. 1), the Food Inspector accompanied by two panchas went to M/s. Aerated Water Factory at Chembur, of which accused No. 1 was the Manager and accused Nos. 2 to 4 were the servants. The Food Inspector demanded and purchased from accused No. 1 (i) Special Soda (9 bottles); (ii) Coco Cola; and (iii) Dukes Soda with Rogers container. He then gave a part of each sample to accused No. 1. The samples were sent to the Public Analyst who found that there was absolutely no adulteration whatsoever, and that the samples were of up to the prescribed standard. (It may however be noted that the report of the Public Analyst could not be traced in the file). However, as the accused had no licence and the Food Inspector Kulkarni thought that Coco Cola was misbranded, all the four accused were prosecuted in three separate cases in respect of the three separate samples.

(3.) Kulkarni (P.W. 1) the Food Inspector, was examined before charge. Accused No. 1 absconded. A charge was framed by the Magistrate for offences under section 16(1)(a)(i) read with Rule 50 and section 2(ix)(a) of the Prevention of Food Adulteration Act.