STATE OF MAHARASHTRA Vs. SHYAMLAL V AGARWAL

JUDGEMENT

(1.) The State of Maharashtra has filed this appeal challenging the order of acquittal passed against the accused by the Judicial Magistrate, Sindkheda in Criminal Case No. 304 of 1974.

(2.) The prosecution case may be summarised as follows :

(3.) The complainant, Khirkar, Food Inspector, visited the shop of the accused on November 23, 1973 at Dondaicha. Respondent No. 3 original accused No. 4 (hereinafter referred to accused No. 4) was present in the shop. The complainant in the presence of the panchas purchased 450 grams of Elaichi Dana after giving intimation to the accused that he wanted it for the purpose of analysis. The other accused persons are the partners of the firm, M/s Narayan Jankilal Co. It is alleged by the prosecution that the complainant divided the sample in three equal parts and after following the necessary procedure sent one of the packets to the Public Analyst for necessary report. After the receipt of the report he obtained necessary sanction from the Assistant Commissioner of Food and Drugs and thereafter filed the present complaint against the accused persons under section 7(1) read with section 16 and section 17 of the Prevention of Food Adulteration Act.