THE STATE Vs. CHANDRA KANT PIRISA VANKUNDE

JUDGEMENT

(1.) The accused, who is an owner of a grocery shop at Ichal karanji, District Kolhapur, was prosecuted for the offence under section 7(1) read with 16(l)(a) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the said Act).

(2.) According to the prosecution, Food Inspector Baliram Javir of the Ichalkaranji Municipal Council visited the accused's shop on the 26th Sept., 1974, and in the presence of two panchas asked for 450 grams of black pepper (hollow). The accused sold him black pepper (whole) in the quantity of 450 grams for the price of Rs. 6.75 under a receipt Ex. 23 on record. After drawing up the Panchanama, dividing the sample into three parts and handing over one of the samples to the accused, a sample was sent to the Public Analyst. The Public Analyst by his report Ex. 24 on record opined that the black pepper in question was black pepper (whole) and it was not light black pepper or black pepper (hollow). On receipt of this report, the accused was prosecuted for the aforesaid offence.

(3.) In support of its case, the prosecution examined the Food Inspector Javir, a panch and the complainant Patil, another Food Inspector from the Municipal Council. The prosecution also produced the report of the Chemical Analyser. The accused pleaded not guilty.