STATE OF MAHARASHTRA Vs. DEVACHAND P SHAH

JUDGEMENT

(1.) The Stats of Maharashtra has filed this appeal to this court challenging the order of acquittal dated December 3, 1976 In Criminal Case No. 21 /FS of 1975 passed by the Metropolitan Magistrate. 29th Court, Dadar, Bombay.

(2.) Originally prosecution was launched against both, the respondents who carry on the business in grocery articles in the name and style M/s Gulab chand Devchand. The shop of the respondent is situated at Bori Chawl, Senapati Bapat Marg, Bombay 28. Mr. V. C. Gupte the learned advocate appearing on behalf of the respondents informed the court that respondent No. 1, Devachand P. Shah died during the pendency of this appeal and therefore the appeal abates so far as respondent No. 1 is concerned.

(3.) It is the case of the prosecution that on March 22 1974, at about 5-30 p.m. the complainant. Food Inspector, Shri Zambre (PW 1) visited the shop of respondents accused and drew sample of bajara from the said shop, According to the prosecution the respondents accused had stored the bajara in the shop for sale. The complainant asked the accused to sell him the bajara on the ground that he had information of food poisioning in that area due to bajara commodity. After the purchase of this bajara commodity the complainantfollowed all the formalities required under Prevention of Food Adulteration Act and the rules framed thereunder. The sample was accordingly sent to the public analyst. After the receipt of the report from the public analyst, the pros ecution is filed against the respondents- accused.