Decided on December 19,1972

Ritesh Kumar Dhanji Respondents


Shah, J. - (1.) This Criminal appeal filed by the State challenges the order of acquittal dated January, 30, 1971, passed by the Joint Civil Judge and Judicial Magistrate, First Class I/c. Rationing Court, at Thana, acquitting the appellant accused No. 1 of the offence punishable under section 16(a) of the Prevention of Food Adulteration Act, 1954. The complainant has also filed a a separate Criminal Application No. 320 of 1971 under section 417 (3) of the Code of Criminal Procedure challenging the order of acquittal.
(2.) The material facts leading to the prosecution are that the Food Inspector of the Thana Municipal Council visited the Kirana shop known as Ritesh Kumar Dhanji Kirana Shop of the respondent accused which is situated in the Purav Building at Raghona Shankar Road at Thana on March 117, 1970, he purchased 600 grams of Chanadal from the accused after paying I him the price thereof. He also obtained a receipt for the same. The complainant informed the accused that he has purchased the Chanadal for being sent to the Public Analyst for analysis as he suspected that there was adulteration. The complainant gave him notice about it and obtained his signature for the same. It is further alleged that the complainant divided the food article in three different parts, put them into three bottles, corked them, and affixed them with lables. It is also alleged that they were sealed in his presence and one of the sealed bottles was given to the accused and the second was sent to the Public Analyst. The report of the Public Analyst showed that there was extraneous non permitted coal tar-dye viz. metanil yellow, detected in the sample and the food article was adulterated as it did not conform to Rule 29 of the Prevention of Food Adulteration Rules, 1955. On receipt of this report dated May 15, 1970, and after obtaining sanction of the Municipal Council, Thana, the present complaint was filed by the Food Inspector on June 19, 1970.
(3.) At the trial the prosecution examined the Food Inspector and two panchas. Both the panchas turned hostile and did not support the prosecution.;

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