BHASKAR KRISHNA SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In Criminal Appeal No. 648 of 1978, the appellant, who was original accused No. 3 in the trial Court, has impugned his conviction under section 7(i) and section 7(v) read with section 16 of the Preventation of Food Adulteration Act, 1954, and sentence of simple imprisonment till the rising of Court and a fine of Rs. 2000/-, in default rigorous imprisonment for four month, passed by the learned Metropolitan Magistrate, 29th Court, Dadar, Bombay, by his Judgment and order dated 25-4-1978. Criminal Revision Application is in respect of a suo motu Notice for enhancement of sentence issued by this Court by order dated 19-6-1978.

(2.) The brief facts of the prosecution case were that original accused No. 1 was the owner and licencee of a restaurant known as M/s. Amrut Punjab Hotel, situated at 107, Acharya Donde Marg, Parel, Bombay. Accused No. 2 was the conductor of the said restaurant and accused No. 3 was the Manager and at the relevant time the vendor at the said restaurant. On 13-1-1977 at about 12.00 noon Ravindra Madhav Dabholkar (P.W. 1) along with a Panch witness Maganlal Dedia (P.W. 2) visited the said restaurant. Dabholkar disclosed his identity to accused No. 3 who was present there. He purchased 1500 gms of prepared food i.e. mutton biryani and paid a sum of Rs. 17.50 to accused No. 3. Accused No. 3 issued a receipt for the payment of the article. The receipt has been tendered and marked as Ex. A. The Cash Memo issued by accused No. 3 has been tendered and marked as Ex. B. Dabholkar thereafter issued a notice to accused No. 3 in Form No. VI which was signed by accused No. 3 at the same time. The notice has been marked as Ex. C. A notice under section 14-A of the Prevention of Food Adulteration Act, 1954 was also issued. A copy of the said notice has been marked as Ex. D. After purchasing 1500 gms of mutton biryani Dabholkar divided the same into three equal parts of 500 gms. each and placed the same into three dry and clean polythene bags. Thereafter the bag were closed by pieces of strings. There were wrapped in thick paper and were pasted with gum and labels were affixed on the said bags. Dabholkar draw up a Panchanama in the presence of Panch Dedia (P.W. 2). The Panchanama has been marked as Ex. N. A copy of the Panchanama was delivered to accused No. 3.

(3.) One of the sample hags was forwarded by Dabholkar on the same day to the Public Analyst along with Form No. VII. Dabholkar forwarded the second packet to the Public Analyst along with the specimen impression of the seal. Dabholkar produced the acknowledgement from the Public Analysts Office signed by the Public Analysts clerk Mangal Sabnis (P.W. 3).