STATE OF MAHARASHTRA Vs. HANMANTSA GANPATSA KATWA

JUDGEMENT

(1.) This appeal is against the order of acquittal passed by the learned Chief Judicial Magistrate, Solapur, dated 31st August, 1983, in S.T.C.C. No. 2104 of 1982 acquitting the respondent of the charge under section 7(1) read with section 16 of the Prevention of Food Adulteration Act.

(2.) We have gone through the judgment of the trial Magistrate and heard the Counsel for the parties. In this case there is a clear breach of the provision of section 13(2) of the Food Adulteration Act in as much as the Local Health Authority did not send a copy of the report of the Public Analyst to the accused so as to enable him to exercise his right under section 13(2) of the said Act. In view of the breach of the said mandatory provisions of law the learned trial Magistrate was well justified in acquitting the accused. There is, therefore, no substance in the appeal.

(3.) In the result this appeal fails and the same is dismissed. The bail bonds stand cancelled. Appeal dismissed.