- (1.)By preferring the present Criminal Revision Application, the State is questioning the correctness and propriety of the Judgment and Order passed by the learned Addl.Sessions Judge, Parbhani, Dist. Parbhani dated 25th January, 2000 in Cri.Revn.No.116/1999 by which the learned Revisional Court was pleased to allow the Cri.Revision by setting aside the order passed by the learned Chief Judicial Magistrate, Parbhani, dated 1st July, 1999 passed below Exh.No.63 in R.C.C.No.258 Of 1997 whereby the learned trial Magistrate was pleased to reject the application on behalf of the present Non-Applicants to discharge them from the case. Thus, the State is challenging the order of discharge made by the learned Revisional Court in the Criminal Revision.
(2.)The factual matrix is summarized herein-below :-
(i) On 27th September, 1996 the Complainant i.e. Food Inspector of Food & Drug Administration ( In short, F.D.A. ) alongwith another Food Inspector and one independent witness visited a firm M/s. New Friends Jarda Stores, Maulana Azhad Road, Grand Corner, Parbhani. The Complainant purchased 9 bottles of 200 grams each of " Radha-Rani Chatni" XXX . from present Non-Applicant No.1 after disclosing the identity and introducing themselves and purpose of their visit to Non-Applicants No.1.

(ii) After completing the formalities the sample was sent to Public Analyst. Report from the Public Analyst was received disclosing adulteration in conformity with the Rules framed under the Prevention of Food Adulteration Act, 1954 In short, the P.F.D. Act, 1954.. The said fact was communicated to the Non-Applicants. Thereafter, steps were taken for obtaining the sanction from the Sanctioning Authority.

(iii) The Food Inspector, F.D.A. filed a complaint against the Non-Applicants, who are vendors and Proprietors of M/s. New Friends Zarda Stores, Maulana Azhad Road, Grand Corner, Parbhani U/Section 7(i) read with 2(ia)(a) punishable U/Section 16(1)(a) (ii) Section 7(v) read with Rule 29 punishable U/Section 16(1)(a)(ii), Section 7(iii) read with Rule 50 (1) punishable U/Section 16(1)(a)(ii) of the P.F.D. Act, 1954. The said complaint was registered as R.C.C.No.258 Of 1997.

(iv) Both the Non-Applicant / Accused opted for sending the same to the Central Food Laboratory ( In short, the C.F.L.). after following due procedure, the same was sent to the C.F.L.

The C.F.L. has sent its report .

(v) On 4th February, 1999 vide Exh.No.59, the learned Chief Judicial Magistrate framed the Charge against the Non- Applicants / accused. The said charge is reproduced hereinbelow :-

That, you on 27.9.1996 at about 5.00 p.m. at New Friends Jarda Stores, Maulana Azhad Road, Grand Corner, Parbhani being the vendor and proprietor of said firm stored for sale, and distributing for sale RADHA RANI CHATNI a food article and sold it which was adulterated one which contains coaltar food colour and your sold it and stored it for sale without licence and thereby the provisions of Section 7(i) read with 2(ia)(a) punishable U/Section 16(1)(a) (ii) Section 7(v) read with Rule 29 punishable U/Section 16(1)(a)(ii), Section 7(iii) read with Rule 50 (1) punishable U/Section 16(1)(a)(ii) of the Prevention of Food Adulteration Act, 1954."

(3.)The Public Analyst report is at Exh.No.48. In the report, the Public Analyst has expressed his opinion as under :-
I am of the opinion that the sample being Code No.ABD/14/P & Sr.No.003275 of the L(H)A shows the presence of coal tar Food colours and contravenes the rule No.29 of the Prevention of Food Adulteration Rules, 1955.

Exh.No.23 which is report of the C.F.L contains opinion as under :-

OPINION " Sample of Raja-Rani Chatani is adulterated and contravenes Rule 33(e) of P.F.A. Rules. "