THE STATE Vs. HINDURAO D. PATIL

JUDGEMENT

(1.) This challenge made by the State to the order of acquittal in respect of the respondent (hereinafter referred to as the accused) I must meet with failure not only on the ground mentioned by the learned trial Magistrate, but on further grounds which propose to narrate.

(2.) The Food Inspector of Kagal Taluka in Kolhapur District went to a town called Murgud where he purchased from the accused certain quantity of milk. According to the Food Inspector examined as P.W. 1, he divided the quantity of milk so purchased into three equal parts and one part was sent to the Public Analyst whose report says that the sample contained 31.1% added water and, therefore, was adulterated within the meaning of section 2(l)(c) of the Prevention of Food Adulteration Act, 1954. On these facts the accused was prosecuted in Criminal Case No. 413 of 1974. The learned Judicial Magistrate, First Class, Kagal who tried the case came to the conclusion that the Food Inspector could not have taken 660 ml. of milk from the accused. From the evidence of the panch witness he gave a finding that the accused was having a measure of 500 ml. which was used for measuring the quantity of milk purchased by the Food Inspector. ⅓ of 500 ml. would be 163 ml. which is far below the quantity of the sample to be sent to the Public Analyst under R.I. 22 of the Prevention of Food Adulteration Rules. Relying upon a judgment of the Supreme Court in Rajaldas Pamanani Vs. State of Maharashtra, 1975 (I) FAC I , the learned trial Magistrate was pleased to acquit the accused by his judgment and order dated 17th Feb., 1976.

(3.) This order of acquittal is now the subject matter of the present appeal which has been supported before me by the learned Public Prosecutor Mr. Gangakhedkar. Though Mr. Gangakhedkar made an attempt to dislodge the finding about the quantity of milk purchased by the Food Inspector, he could not succeed in that attempt. I am in agreement with the finding of the learned trial Magistrate that the Food Inspector has purchased only 500 ml. of milk from the accused.