STATE OF MAHARASHTRA Vs. SEWARAM AAILDAS AAMESAR

JUDGEMENT

(1.) THIS appeal by the State is directed against the order of acquittal dated 11th March 1977 passed by the learned Chief Judicial Magistrate, Thane, in Criminal Case No. 192 of 1973 which was instituted against the accused under the provisions of the Prevention of Food Adulteration Act, the article of food being ice candy, sample whereof had been taken on 7th August 1972.

(2.) AFTER obtaining the sample of ice candy on 7th August, 1972, the Food Inspector completed the usual formalities connected therewith and after receipt of Public Analyst's report dated 30th Sept. 1972, the present prosecution was instituted against the accused on the charge that the article in question was adulterated within the meaning of the Act. Defence was one of denial. The learned trial Magistrate acquitted the accused on two grounds viz. , (1) that the sanction to prosecute was not legal and valid and (2) that there was non-compliance of Rule 20 of the Rules under the Act which rule in the view of the learned Magistrate, was mandatory.

(3.) IN this appeal against the said acquittal, I have heard Mr. R. G. Deo, the learned Public Prosecutor for the State. The accused is represented by the learned Advocate Mr. J. A. Barday.