S D NAGDEVE Vs. SUDHAKAR R BURANGE

JUDGEMENT

(1.) THE Food Inspector has filed this appeal against the judgement of the Chief Judicial Magistrate, Amaravati, acquitting the respondent-accused Sudhakar Burange, a retail grocery merchant of village Nimbhi, district Amaravati, of the offences committed under S. 7 (i) read with S. 2 (ia) (a) (m) and punishable under S. 16 of the Prevention of Food Adulteration Act (the PFA Act ).

(2.) ON the morning of 21st Dec. 1983, the Food Inspector Sudesh Sukhdeve (P. W. 1) visited the retail grocery shop of the accused with panch Ramesh (P. W. 2) and found amongst the articles exposed for sale, oil stored in two open tins which had no label. He purchased for sample 430 grams of what the accused described as the linseed oil, taken out from one tin and equal quantity of what the accused described as groundnut oil from another tin. This matter pertains to linseed oil. Price was paid at market rate and cash memo taken. Appendix B form was prepared in duplicate, From VI prepared in triplicate, original of both handed over to the accused and due acknowledgment obtained. Oil taken out after stirring by measure used in that tin was poured after equal division in three dry, clean empty glass bottles which were tied with cork, Labels were affixed and bottles were wrapped and sealed. Detailed panchanama Exhibit 13 recording all details was prepared and after reading over the same to the accused and panch, their signatures were obtained.

(3.) ON the next day five copies of Form VII were prepared. One copy of Form VII and one sample of oil were kept in one envelope and sealed. A duplicate copy of Form VII and the speciman impression of the seal were kept in another envelope and sealed. These two envelopes were handed over to the Public Analyst, Amaravati, and acknowledgments of authorised clerk were obtained. Three copies of the Appendix B were prepared. Two sample bottles, one original of Appendix B and two copies of Form VII were kept in one packet which was sealed. Duplicate copy of Appendix B and two slips of Speciman impression of seal were kept in one envelope which also was sealed. These two sealed envelopes were subsequently handed over to L. H. A. and A. C. on 22nd Dec. 1983 and acknowledgment receipts obtained.