STATE OF MAHARASHTRA Vs. N R

JUDGEMENT

(1.) THIS appeal arises out of an order of acquittal rendered in favour of the accused by the learned Additional Sessions Judge, Aurangabad, in Criminal Appeal No. 74 of 1978. Original prosecution was one under the prevention of Food Adulteration Act, the article in question being chilly powder, sample whereof had been obtained on 11-7-1975. The prosecution has been rightly held to fail on the important ground that the report sought to be relied upon in his case was one not issued by the Public Analyst or upon any report by a Public Analyst but by a Chief Chemist in charge of a public health laboratory. How, under the relevant rules, the qualifications of the Public Analyst are laid down. Thereunder a Chief Chemist such as the one in the present case cannot be said to be a qualified Public Analyst. Indeed, at the relevant time, he was not even appointed as a Public Analyst. At the relevant time, he was only a Chief Chemist. He was appointed as a Public Analyst with effect from 15th January, 1977, i.e. several months after the report dated 18th July, 1975. THIS subsequent appointment of the Chief Chemist as public Analyst cannot help the prosecution because, at the time of the analysis as also at the time of the issuing of the report, he was not a Public Analyst at all. The very fact that he was so appointed later on in the year 1977 shows that he was, at the relevant time, not a Public Analyst. If this is the position on the basic question itself, then the report Ex. 20 bearing the rubber stamp of " Chief Chemist" cannot have any evidentiary value and cannot be relied upon for the purposes of convicting the accused under the Prevention of Food Adulteration Act. If this report is excluded from evidence, there is no other legal evidence before the Court, on a consideration whereof the question of the guilt of the accused can be considered. In the circumstances, the acquittal rendered in favour of the accused is not possible of any interference. THIS appeal against the same, therefore, fails and is dismissed.