HARIRAM BALIRAM PANDE Vs. STATE OF MAHARASHTRA - COMPLAINANT-OPPONENT

JUDGEMENT

(1.) THE applicant before this Court was prosecuted for contravention of the provisions of Section 7(i) read with Section 2(1)(L) of the Prevention of Food Adulteration Act, referred to hereinafter as the Act, for having sold or stored for sale Deshi Ghee and Deshi butter in his shop known as M/s Pande Dairy, Gokulpeth, Nagpur. As taking of each sample constituted a distinct offence, two separate cases were instituted by the Food Inspector. However, it appears from the record that both the cases were consolidated and thereafter were dealt with together. According co the prosecution, the accused is conducting a business in various articles of food at his dairy in Gokulpeth at Nagpur. On 26th March 1973, the Food Inspector Mulmule along with the panchas visited the premises of the accused at about 4.00 p.m. He took samples of Deshi butter and Deshi Ghee after following the procedure prescribed by the Act and the Rules framed thereunder. These samples were sent to Public Analyst at Nagpur for test. The Public Analyst vide his reports Exs.27 and 28 certified that the samples were adulterated and they contained foreign edible fat. Then after taking necessary sanction from the Commissioner, Food and Drugs Administration, the accused was prosecuted.

(2.) IT appears from the record that in support of its case the prosecution examined the Food Inspector himself, one Dhopte, who accompanied the complainant and acted as a Panch and another panch one Namdeo Diwalu Wankhede. Namdeo (P.W.2) was declared hostile. It further appears from the record that during the course of the trial, the accused filed an application under Section 13(2) of the Act for sending the sample with him to the Director of Central Food Laboratory for necessary certificate. Such an application was filed on 15th June 1974. Vide order dated 15.6.1974 the learned Magistrate directed the accused to deposit the amount for sending the said sample to the Central Food Laboratory. The accused produced the bottle of sample which was with him for this purpose. It was duly verified by the complainant. After due verification the said bottle was sent to the Director of the Central Food Laboratory for analysis. A copy of the memorandum of specimen impression of the seal used in that behalf by the Court was also separately sent by registered post. The Central Food Laboratory after analysis of the sample certified that the ghee as well as Deshi butter was adulterated.

(3.) AFTER examining all the evidence on record the learned judicial Magistrate, First Class, round the accused guilty for having contravened the provisions of Section 7(i) read with Section 2(I)(L) of the Act on both the counts and sentenced him to undergo rigorous imprisonment for one month and to pay a fine of Rs. 500/ - on each count, that is, for having stored adulterated ghee and butter for sale or for having sold the same. The learned Magistrate further directed that the sentence of imprisonment of one month shall run concurrently. In default of payment of fine the accused was to undergo further rigorous imprisonment for one month on each count. It appears from the record that the accused paid the fine.