GOPINATH BABU MORE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner-accused (hereinafter referred to as the accused) has been convicted for the offence punishable under section 7(1)(vi) read with section 16(1)(a) of the Prevention of Food Adulteration Act, 1954, read with Rule A-11-01-11 of the Prevention of Food Adulteration Rules, 1955.

(2.) The complainant, Vithalrao Baburao Shinde, was serving as a Food Inspector in Miraj Municipal Council. The accused is a resident of village Manmodi in Miraj Taluka. On July 29, 1975 at about 11 Oclock in the morning at Mangalwarpeth in Miraj City the accused was found carrying two pitchers containing she-buffalo milk on his bi-cycle. One of the pitcher was containing 20 litres of milk and the other was containing 5 litres of milk. The complainant who was standing on the road asked the accused to stop and demanded the she-buffalo milk from him. The complainant accordingly took 660 milli-litres of milk and paid him Rs. 1.65 under a receipt. It is no more in dispute that the complainant had issued a notice to the accused. The complainant thereafter divided the sample into three equal parts and filled the same into three separate clean, dry and empty bottles. After adding the preservatives in the three bottles and after following the proper procedure he sent one bottle to the Public Analyst along with the memorandum. The report of the Public Analyst is at Exhibit 20. The conclusion of the Public Analyst is that the sample did not confirm the standard of she-buffalo milk as per the Prevention of Food Adulteration Rules, 1955. After obtaining necessary sanction from the Sanitary Committee, Miraj Municipal Council, Miraj, the present complaint came to be filed in the Court of Judicial Magistrate, First Class, Miraj.

(3.) The accused denied the charge and claimed to be tried. During the pendency of the case, the accused made an application to the trial Court to send his sample bottle to the Central Food Laboratory. Accordingly the trial Magistrate sent the sample bottle to the Central Food Laboratory, Calcutta and the report of the Central Food Laboratory, Calcutta, is at Exhibit 12.