STATE OF MAHARASHTRA Vs. VITHAL MAHABAL SHETTY

JUDGEMENT

(1.) This is an appeal filed by the State of Maharashtra against an order of acquittal dated 16.1.2002 whereby respondents were accused of offence punishable under section 16 of Prevention of Food Adulteration Act 1954 (PFA Act).

(2.) The accused stand trial for the offences punishable under Sec. 7(i) r/w section 2(ia) (a), 2(ia) (j) and section 7(v) r/w rule 29 of PFA Rules 1955 and under section 16 of PFA Act.

(3.) The prosecution case is that the complainant is a Food Inspector. Accused no.1 who was the Manager and accused no.2 was the Proprietor of a restaurant by name Girija Restaurant and Bar situated at 1/1, Navi Peth,Pune-400 030. On 22.9.2000 the complainant visited the said restaurant at about 7.00 P.M. along with panch witness Bhikaji Raul. The complainant after introducing himself to accused no.1 took sample of chicken masala (prepared food), distributed them into 3 parts and put them in to 3 clean dry and empty wide mouth bottles. The complainant added 16 drops of formalin in each bottle as preservative, tightly closed mouth of said bottles by lids and sealed it by sealing wax. Sample label having sign of complainant, panch witness and accused no.1 was also pasted on the bottles. These bottles were thereafter wrapped separately in brown paper. Panchanama was also drawn on spot and it was signed by complainant, accused no.1 and panch witness. It seems on 25.9.2000 the complainant forwarded one sealed part of the sample and copy of form-vii in a sealed packet with covering letter to Public Analyst, Pune, for analysis and report. The remaining 2 parts were also sent to Local Health Authority, Pune. On 15.11.2000 the complainant received a letter from Local Health Authority stating that the sample contained synthetic colour, viz., Tartrazine sunset yellow FCF and carmosine. It is also stated that the complainant after making necessary inquiry, obtained consent to prosecute the accused and the present complaint was lodged against the accused. Summons were issued and the accused appeared and were released upon executing personal release bonds and on depositing cash security pending trial.