STATE OF MAHARASHTRA Vs. VIJAYKUMAR BABULAL SHARMA

JUDGEMENT

(1.) Challenge in this appeal is to judgment rendered by learned Judicial Magistrate (F.C.), Gangakhed, in a Criminal Case No. 1/1996), whereby the Respondent came to be acquitted for the offence punishable Under Sections 2(ia)(a) read with 7(i), 2(ia)(m) read with 7(i), 2(ia)(m) read with 7(i), 14(a) and Rule 44(e) read with 16(1)(a)(2), 16(ia)(i), 16(1)(a)(i) 16(la)(2) and 16(1)(a) of the Prevention of Food Adulteration Act, 1954.

(2.) The Respondent is proprietor of a grocery shop styled as "M/s Omprakash Vijaykumar Sharma Kirana Stores". The grocery shop is situated on main road at Shelgaon under Gangakhed Tahsil of Parbhani District. P.W.1 - Suresh Tiwari, at the material time, was working as Food Inspector for Parbhani District. He was duly appointed to work as Food Inspector vide Government Notification dated 6th September, 1972 (Exh.21).

(3.) Briefly stated, the prosecution case is that on August 8, 1995, P.W. 1 - Suresh Tiwari, visited grocery shop of the Respondent No. 1 at about 12-30 hours. He was accompanied by panch Ramprasad Sarda. The Respondent was then attending the business of the grocery shop. P.W. - Suresh Tiwari disclosed his identity as Food Inspector and inquired about ownership of the grocery shop. The Respondent informed him that he was owner of the grocery shop. P.W. - Suresh Tiwari then inspected the shop premises. He noticed a canister containing about 10 Kgs. of Safflower oil and another canister containing about 8 Kgs. of Sunflower oil. He purchased 450 grams each of Safflower oil and Sunflower oil against payment of Rs. 18-90 Ps. and Rs. 16.65 Ps. respectively being the price of the oils. He obtained a composite receipt (Exh.24) from the Respondent. He served notice in form No. VI as per Rule 12 of the P.F.A.Rules and obtained signature of the Respondent on office copy thereof. He issued another notice Under Section 14-A of the of P.F.A. Act. The notices were duly served on the Respondent. The Respondent gave his acknowledgments. The Respondent did not, however, furnish the purchase bills as demanded under the notice issued Under Section 14-A.