AGAHININATH BHIMRAO PATEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The applicant-accused is the proprietor of M/s. Ganesh Dairy, 616, South Kasba, Solapur. The complainant-Food Inspector took a sample of buffalo milk from him on 17th May, 1981 at about 9.00 a.m. The said sample was sent to Public Analyst whose report dt. 19th June, 1981 revealed that the milk was adulterated. The Food Inspector obtained the consent of the appropriate authority to prosecute the accused and prosecuted him on 22nd April, 1982 in the Court of the learned trial Magistrate. At the trial he was found guilty of an offence of food adulteration and was convicted for offences punishable under S. 16 read with Ss.7(1) and 2(ia)(a)(m) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "the Act") and was sentenced to suffer rigorous imprisonment for six months and to pay a fine of Rs.1,000/-, in default to suffer further rigorous imprisonment for three months, by a judgment and order recorded by the learned trial Magistrate on 15th Nov., 1983, in Regular Criminal Case No.56 of 1982.

(2.) Being aggrieved, the accused filed Criminal Appeal No.231 of 1983 which was dismissed by the learned IV Additional Sessions Judge, Solapur, by his judgment and order dt.5th Dec., 1985 and hence the accused approached this Court invoking revisional powers.

(3.) Mr. Ganatra, learned Counsel appearing on behalf of the accused, urged that the sanction to prosecute the accused obtained by the prosecution under S.20 of the Act was not in accordance with law and, therefore, the conviction recorded against the accused and the sentence imposed upon him is bad in law and the same should be set aside and the accused be acquitted. Mr. Suryavanshi, learned Additional Public Prosecutor, has hardly any answer to counter Mr. Ganatra's contention.