STATE OF MAHARASHTRA Vs. JAYA S SHETTY

JUDGEMENT

(1.) This is an appeal filed by the State against the order of acquittal dated 28th March 1977, passed by the learned Additional Chief Metropolitan Magistrate, 9th Court, Bandra, Bombay, in Case No. 363/S of 1976.

(2.) The original prosecution arose out of proceedings under the Prevention of Food Adulteration Act, 1954. The article in question was ice cream, samples whereof were taken by the Food Inspector, (the complainant) on 28th May, 1973. The said sample was analysed as per the report of the Public Analyst either on 24th June, 1973, or on 25th June, 1973. The analysis of the said sample, according to the report of the Public Analyst, continued for about four days. The report of the Public Analyst indicated that the ice cream in question contained fat 3.2% which should have been not less than 8% an it further contained solids 34.7% which should not have been less than 36% and protein 1.3% which should not have been less than 3.5%. The report further indicate that there was no starch found in the ice cream. The report further stated that there was also absence of prohibited colours. The evidence of the public analyst in Court showed that except for the deficiency in the matter of fat, proteins and about 1% deficiencies of solids, the ice cream in question was otherwise in accordance with the requirement of the standards on that behalf. Considering the oral and documentary evidence led by the prosecution, which consisted of 2 food inspectors, 1 panch and the Public Analyst the learned trial Magistrate by his well considered and well reasoned judgment has held that the prosecution has not been able to prove its case and the charge against the accused persons. The accused were consequently acquitted.

(3.) In this appeal against acquittal by the State, I have heard Mr. S.B. Patil, the learned Public Prosecutor. The accused are represented before me by Mr. M.S. Sanghvi, the learned Counsel.