PIMPRI CHINCHWAD NAGARPALIKA Vs. GIRIRAJ CHIRANJILAL SHARMA

JUDGEMENT

(1.) : This is an appeal against acquittal with leave filed by the Food Inspector, pimpri, Pune against the acquittal of the respondent by the impugned judgment dated 6-1-1984.

(2.) THE prosecution case was that on 18-8-1981 at about 10. 00 a. m. the Food Inspector went to the hotel of accused No. 2. At that time the accused no. 1 was present in the hotel. After observing the formalities under Prevention of Food adulteration Act in the presence of panch, sample of Bundi Ladu of 1500 grams were taken. After dividing into three and packed and sealed in compliance with the Rules of Food Adulteration rules, sent sample to the Public Analyst. On the report of the Public Analyst, it was found that the ladu was adulterated. Therefore, the prosecution was launched against the respondent.

(3.) THE Court below on examining the evidence of oral and documentary, has found that the mandatory procedure laid down under Rule 9a of the prevention of Food Adulteration Rules had not been complied with. It also found that there is a violation of Rules 16, 17 (1) and 18.