STATE OF MAHARASHTRA Vs. BHALACHANDRA GANGADHAR AKUL

JUDGEMENT

(1.) Both these appeals by State are directed against the acquittal of the accused of the offence punishable under section 7(1)(v) read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act. As both the appeals involve common question of law and facts, they are heard together and hence this judgement disposes of both those appeals.

(2.) In Criminal Appeal No. 483 of 83 a sample of chilly powder was taken on 23rd November, 1978 by the Food Inspector Shri A.T. Sawashe. The Public Analyst reported that the sample contains 18.40.% ash and edible common salt 12.40% both by weight. The sample was also sent to Central Food Laboratory which also reported that the sample contains total ash 18.40% by weight and added sodium chloride (salt) 13.55% by weight. The Public Analyst at Solapur, Shri Manohar Purohit who had examined the sample was examined. He admitted during cross examination that the ash percentage includes the salt. He states that the percentage of ash increases by use of salt.

(3.) In Criminal Appeal No. 36 of 85 the sample of chilly powder was taken on 22nd June, 1977. The report of the Chemical Analyser, Ex. C shows that the total ash is 14.70% and edible common salt is 9.75%.