STATE OF MAHARASHTRA Vs. PRAKASH RUKMAN KOTALWAR

JUDGEMENT

(1.) Challenge in this appeal is to judgement of acquittal rendered in a criminal case (R. C. C. No. 211/1993)whereby the respondent has been acquitted for the offence punishable under sections 7 (i) read with section 2 (ia) (a), 2 (ia) (b), 2 (ia) (1), 7 (ii) read with section 2 (ix) (d), section 7 (v), Rule 23 and section 7 (ii) and Rule 50, punishable under section 16 (1) (a) (i), 16 (1) (a) (ii) and 16 (1) (i) of the Prevention of food Adulteration Act, 1954 and the Rules made thereunder.

(2.) Briefly stated, the prosecution case is that P. W. Shri Gopal Pathak is duly appointed food Inspector. On 27th January, 1993 at about 4 p. m. , he visited grocery shop of the respondent styled as "m/s Sadanand Sandip kotalwar", at Gangakhed. He disclosed his identity to the respondent as Food Inspector. He called upon the respondent to produce license of the shop. The respondent could not produce the license. He noticed that stock of aniseed (saunf) was kept for sale in the shop. He purchased 600 grams of aniseed (saunf) from the respondent, against payment of Rs. 13. 20 paise, vide receipt (Exh-28 ). He gave notice in Form No. VI to the respondent. He informed the respondent that the sample was collected for the purpose of analysis. He also issued notice under section 14-A of the prevention of Food Adulteration Act, 1954 (for short, "the PFA Act") and served it on the respondent. The purchased aniseed was taken on a plain and clean paper. It was divided in three (3) equal parts. Each of the part was filled in a dry, clean and empty polythene bag. He sealed the mouths of the polythene satchels by means of candle flame. He pasted labels signed by himself, the respondent and panch on each of the polythene bag. Thereafter, each of the polythene bag was wrapped separately in thick brown paper. He pasted the corners of the brown paper by means of gum and inversely, fixed them. He thereafter pasted a paper-slip bearing code of the local health authority, signature of the local health authority and thereafter, vertically and horizontally tied each of the sample packet by means of twill. He affixed lakh seals of the knot of the twill and at other three (3) places of each sample packet. He obtained signatures of the respondent and the panch on the paper-slips. He drew memorandum panchanama about the procedure followed by him while purchasing the aniseed (saunf) and preparing the sample packets.

(3.) At the trial, the prosecution examined both the Food Inspectors and placed reliance on various documents.