STATE OF MAHARASHTRA Vs. ANNAPPA BALAPPA VANJELE

JUDGEMENT

(1.) This appeal is directed against judgement and order dated 19th December, 1983 passed by the learned Chief Judicial Magistrate, Sangli, in Regular Criminal Case No. 76 of 1982, whereby he acquitted the respondent of the charge under section 7 read with section 16 of the Food Adulteration Act.

(2.) We have gone through the judgment of the trial Magistrate and also heard the learned Counsel for the parties. In this case permitted colour Tartrazine Sunset yellow F.C.F. has been used as flavouring agent. Rule 30 of the Prevention of Food Adulteration Rules provides that the permitted colour shall not exceed 0.2 gram per kilogram of the final food or beverage for consumption. In the present case, the Public Analyst in his report, does not state as to the percentage of Tartrazine Sunset Yellow F.C.F. found in the sample of Kiwam. In the absence of proof that the permitted colour in excess of the quantity mentioned in Rule 30 has been used by the respondent, the respondent cannot be held guilty for selling the adulterated food article in question. Consequently, the learned trial Magistrate was right in acquitting the respondent. There is therefore, no substance in this appeal.

(3.) In the result, this appeal fails and the same is dismissed. Bail bonds shall stand cancelled. Appeal dismissed.