STATE OF MAHARASHTRA Vs. TILLUMAL TEHUMAL NANKANI

JUDGEMENT

(1.) Order a acquittal dated 6th August, 1977, passed by the learned Judicial Magistrate, First Class, Nandurbar, in Criminal Case No. 1721 of 1973 is challenged in this appeal therefrom by the State.

(2.) The original prosecution was one under the provisions of the Prevention of Food Adulteration Act. The article in question was Kardai oil, sample whereof was taken on 19th April, 1973. After completing the formalities and the requirements in that behalf and after receiving the report of the Public Analyst, the instant prosecution was launched against the accused persons. On consideration of the evidence on record and holding that the prosecution had failed to establish that the accused were storing for sale and sold adulterated Karda oil, the learned Magistrate rendered an order of acquittal in favour of the accused persons. Hence the present appeal therefrom.

(3.) Mr. V.V. Kamat, the learned Public Prosecutor, appearing for the State very vehemently attacked the reasoning and the conclusions of the learned trial Magistrate on the compliance by the food inspector of the provisions of Rules 14, 17 and 18 of the Rules framed under the aforesaid Act. Now it has been settled by series of decisions of this Court that these Rules particularly Rule 17 in mandatory, non-compliance whereof would be fatal to the prosecution. These decisions relate to the provisions of the Act and the Rules aforesaid prior to the coming into force of the Amending Act 34 of 1976. The present is a case covered by the unamended Act and unamended Rules. These circumstances, the ratio of series of decisions of this Court on the mandatory nature of the aforesaid Rules would become applicable to this case.