STATE OF MAHARASHTRA Vs. SYED AKHALAK AND OTHERS

JUDGEMENT

(1.) This is an appeal preferred by the State challenging the order dated Sept. 16, 1976, passed by the Additional Sessions Judge, Aurangabad, in Criminal Appeal No. 2 of 1976 allowing the respondents' appeal and setting aside the conviction and sentence passed by the Magistrate.

(2.) The respondents were convicted by the Judicial Magistrate, First Class, Aurangabad, under section I0(l)(a)(i) read with section 2(l)(j), section 7(i) and (v) and section 17 of the Prevention of Food Adulteration Act, 1954, and also read with the Rules 23 and 28 of the Prevention of Food Adulteration Rules. They were sentenced to undergo simple imprisonment for six months and to pay a fine of Rs. 1,000.00 each. In an appeal preferred by the respondents the learned Additional Sessions Judge reversed the Order of conviction and acquitted the accused.

(3.) The present appeal was based mainly on two grounds. Firstly, that there was a violation of the provisions of Sec. 10(7) of the Act, which provides where the Food Inspector takes any action under clause (a) of sub-section (1), sub-section (2), sub-section (4), or sub-section (6), he shall call one or more persons to be present at the time when such action is taken and take his or their signatures. Secondly, there was breach of the mandatory rule 4(3) of the Rules.