Decided on March 20,1979



N.H.BHATT - (1.) This is an appeal by the State of Gujarat challenging the acquittal of the respondent-accused who was prosecuted in the Criminal case No. 169/75 in the Court of the Metropolitan Magistrate 6 Court Ahmedabad for an offence under sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act. The learned Magistrate had acquitted the accused only on the ground that the firm of which he was the partner was not impleaded and therefore his individual conviction could not stand. The learned Magistrate because of that view of his did not examine the other aspects of the case. The said complaint had come to be filed in the Court of the said Magistrate by one Mr. R. P. Patel the Food Inspector attached to the Ahmedabad Municipal Corporation.
(2.) A few facts require to be stated: On 9-7-75 the aforesaid Food Inspector had gone to the shop of the accused where the business in groundnut oil Was conducted under the name and style of M/s Manilal Joitaram a partnership firm of which accused Kantilal Chimanlal Ghiya is the partner. It has been found by the learned Magistrate himself that on that very day 500 sealed and packed tins were received by the accuseds firm from Ganesh Oil Mill Junagadh. The bill Ex. 10 showed that the said Oil Mill had sent 500 tins of groundnut oil and it was specifically stated in the bill that each tin contained 15 900 grams obviously of the groundnut oil. There were labels on each of the 500 tins showing that they were manufactured by the Ganesh Oil Mill Junagadh. The complainant demanded 400 grams of groundnut oil and in the presence of the Food Inspector and the Panch one sealed tin was opened out of those 500 sealed tins received on that day by the accuseds firm and the quantity demanded was sold. The purchased quantity then was divided into three bottles and the requisite procedure in its entirety is alleged to have been followed. One of the sealed bottles was given to the accused as per the law as it then was. One bottle with the Food Inspector was then got analysed and the report of the Public Analyst Ex. 6 disclosed that there was admixture of castor oil. The bellier test showed 3 C less and it was reported that there was 8 castor oil mixed in the quantity.
(3.) On the charge Ex. 8 being framed the accused pleaded not guilty. He stated that he had received 500 tins from Ganesh Oil Mill Junagadh in the packed condition. That he was never selling ground nut in retail and he always used to sell in wholesale packed tins.;

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