STATE OF MAHARASHTRA Vs. RATANSHI SHAMJI

JUDGEMENT

(1.) This acquittal appeal by the State discloses an unfortunate State of affairs.

(2.) The original prosecution was one under the provision of the Prevention of Food Adulteration Act, the articles involved being vanaspati and edible oils; samples whereof were taken on 13th June, 1974 but complaint in which behalf was not filed till more than seventeen moths thereafter on 24th November, 1975. Defence of the accused consistent with the report of the Public Analyst (albeit contrary to the report of the Central Food Laboratory, Calcutta), was that the articles were not adulterated. In its support, the prosecution examined the Food Inspector one M.N. Torse and a panch one Amin Abdul Mohammed. Considering the evidence, the learned Magistrate held that the prosecution had failed to establish the impugned charge. The accused were consequently acquitted.

(3.) In this appeal against the said acquittal, I have heard the learned Public Prosecutor Mr. S.S. Parkar for the State. The accused are represented by their learned Advocates Mr. V.B. Ganatra, Mrs. L.V. Ganatra and Mr. N.M. Galla.