AHMEDNAGAR MUNICIPAL COUNCIL Vs. DULLABHADAS HARIDAS PATIL

JUDGEMENT

(1.) This is an appeal preferred by the original complainant Ahmednagar Municipal Council through its Food Inspector, being aggrieved by the judgment and order of acquittal passed by the learned Chief Judicial Magistrate in Criminal Case No.240 of 1992, decided on 30.05.1998.

(2.) Briefly stated facts giving rise to this appeal may be summarized as follows:

(3.) At the time of evidence the complainant Food Inspector examined himself, panch witness Vasant and Public Analyst Mrs. Aparna Pinge. Accused No.2 had died pending trial. Original accused Nos. 1,3 and 4 claimed immunity under Section 19 of the Prevention of Food Adulteration Act, 1954. According to them they had purchased Anand Masala Supari from respondent/accused No.5, who was duly licenced manufacturer and distributor. They have claimed protection of warranty given by original accused No.5. The learned Chief Judicial Magistrate acquitted all the accused. It is this order of acquittal, which is challenged in this appeal.