JAYA SHEENA SHETTY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this revision application the original accused challenges the order of the Additional Sessions Judge, Thane, dated 15th March, 1977, dismissing his appeal against the order of the Judicial Magistrate, First Class, Thana dated 12th July, 1976, convicting him for an offence under section 7(i) read with section 16(1)(a)(i) of the Prevention of Food Adulteration Act and sentencing him to suffer R.I. for six months and to pay a fine of Rs. 1000/-.

(2.) The facts giving rise to this revision application are briefly these : The revision petitioner-accused was a contractor of a canteen situate in the factory known as "F.R. Windsor", in the Industrial Estate, Thane. Some time prior to 28-1-1974 there was a report in the newspaper about cases of food poisoning in the canteen of the accused. That is why on 28-1-1974, Food Inspector Barde went to the said canteen and after following the usual procedure he asked the accused to sell mustard oil, Batata Wada and Besan. According to the Food Inspector the tin containing the mustard oil was in the kitchen, although the independent panch Miraj (P.W. 2) stated that it was in the store room. The Food Inspector took samples of this mustard oil, Batata Wada and Besan. These samples were sent to the Public Analyst. While nothing incriminating concerning the Batata Wada and Besan was detected, in respect of the mustard oil, however, the Public Analyst found that it contained 90% of ground-nut oil and 10% of mustard oil and also considerable portion of sediment. He also found that the mustard oil did not conform to the standard as specified under the rules as appears from his report Ex. 12.

(3.) On these facts the accused was prosecuted.