STATE OF MAHARASHTRA Vs. PRAVIN VRAJANG GALA

JUDGEMENT

(1.) THE State of Maharashtra has filed the present Criminal Revision Application being aggrieved by the judgment and order dated 5th October, 1990, passed by the metropolitan Magistrate 46th Court, Mazgaon, Bombay, in C. C. No. 310/a/s of 1989. By the impugned judgment and Order the learned Magistrate discharged the Respondent, hereinafter referred to as "the accused" under section 245 (2) of the Code of Criminal Procedure the accused was charged under section 7 (i) r/w sec. 2 (ia) (a) and under s. 7 (ii) r. w. Sec. 2 (ix) (e) of P. P. A. Act, 1954 and Rule 1955, punishable under S. 16 of the said act.

(2.) SHORTLY stated the facts are as under :-On 10th September, 1989, Complainant Shri Kulkarni, Food Inspector visited "m/s. Laxmi Grain Stores", the shop owned by the Respondent situated at 27/414, bharat Nagar, Bandra (East), alongwith Shri S. K. Sawant, Food Inspector, J. K. Ranshiware. Sampling Assistant, two independent witnesses and Police Sub-In-spector Shri Bhagwe, Suresh Ganpat Mhatre Rationing Officer, B. M. Gandhi, assistant Rationing Officer and K. S. Shelke, Rationing Inspector. Shri Kulkami disclosed his identity to the accused and informed him his intention of drawing the sample of cotton seed oil. He demanded a from the accused who was present there. The accused showed him two loose unlabelled tins and told him that those tins contained refined cotton seed oil. From both the tins the complainant collected samples after following the relevant provision in that behalf. The samples were despatched for the report of the public analyst, The report of the public analyst dated 30th September. 1980 mentioned that the sample was misbranded.

(3.) THE prosecution was launched thereafter under section 20 of the said Act for misbranding food article and for selling the adulterated food article. It appears that though the facts of the case required a summary trial the learned magistrate tried the case as per the warrant procedure. The said Magistrate was then transferred and the case was tried by Smt. Basu, Metropolitan Magistrate, 46th Court, Mazgaon, Bombay. Since the case was tried as per the warrant procedure the learned Magistrate followed the same procedure. Before charge two witnesses were examined. The first prosecution witness ravindra Shripad Chitnis is a clerk of Local Health Authority. Thereafter Sharad Shankarrao Kulkami, the food Inspector was examined. However, the examination of Shri Kulkami could not be completed. The Roznama shows that Shri Kulkami was examined on 17th august, 1990. The case was adjourned to 5th October, 1990. As Shn Kulkarni's evidence was not completed, he was to be examined on 5th October, 1990