STATE OF MAHARASHTRA Vs. JANARDHANRAMCHANDRA HORWANKAR

JUDGEMENT

(1.) This is an appeal by the State against the order passed by the Metro politan Magistrate acquitting the accused of the offence under Section 16 (1) (a) (i) read with Sections 2 (i) (h) and 2 (i) (j) & Rule 5 A 01 01. of the Prevention of Food Adulteration Act, 1954.

(2.) The respondent-accused No. 1- runs New Fine Cold Drink Depot' at Bom. In this shop the respondent engages himself in manufacturing for sale carbonated waters. It is stated that on April 12, 1974 some persons who had consumed who had consumed aerated water manufactured in the shop of the accused had developed symptoms of Food-poisoning after consumption of the soft drink

(3.) A complaint haying been made with regard to this to the Food and Drug Administration, on the morning of April 13, 1974 Food inspector Farid unddin Ahmed Parkar (p. w. 2 ) in company of independent witness by name More (p. w. 3) went to tbe shop of the respondent in company of Police Sub. Inspector. It seems that on receiving a complaint about symptoms of Foodpoisoning, the police bad already sealed the shop of the response the previous night.