Criminal Revision Application No. 209 of 2002. Case: Shantilal Bansilal Bhandari Vs State of Maharashtra. High Court of Bombay (India)
| Case Number | Criminal Revision Application No. 209 of 2002 |
| Counsel | For Applicant: S. S. Bora, Adv. and For Respondents: S. A. Ambad, A. P. P., Adv. |
| Judges | V. M. Deshpande, J. |
| Issue | Prevention of Food Adulteration Act (37 of 1954) - Sections 2, 7, 16 |
| Citation | 2015 CriLJ 3558 |
| Judgement Date | February 09, 2015 |
| Court | High Court of Bombay (India) |
Judgment:
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Being aggrieved by the Judgment and Order of conviction dated 01/03/2000 passed by the learned Chief Judicial Magistrate, Nanded in R.C.C. No. 566/1998, thereby the learned Magistrate convicted the applicant for the offence, punishable u/S. 7 (i) read with 2(i-a), (a), 2 (i-a) (m) and Section 7 (v) read with Rule 50 punishable u/S. 16 (1) (a) (ii) and 16 (1) (a) (I) of the Prevention of Food Adulteration Act, 1954 and Rules thereunder and sentenced to suffer simple imprisonment for one year and to pay fine of Rs. 5,000/- (Rupees Five Thousand only), in default to suffer simple imprisonment for three months on all counts, together with the Judgment and Order dated 06/08/2002 passed by the learned Additional Sessions Judge, Nanded in Criminal Appeal No. 19/2000, by which the learned lower appellate Court dismissed the Appeal and confirmed the Judgment of conviction, the applicant herein prefers the present Criminal Revision Application.
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Heard Mr. S. S. Bora, the learned counsel for the applicant and Mr. S. A. Ambad, the learned A.P.P. for the respondent-State in extenso,
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The learned counsel for the applicant submitted that the impugned orders are erroneous and cannot stand to the scrutiny of law. According to him, the order of conviction can not stand on the touch-stone of law in view of the report of Public Analyst (Exh. 31) and the Consent order (Exh. 39).
Per contra, the learned A.P.P. submitted that the Courts below have correctly assessed the prosecution case and have rightly convicted the applicant.
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Mr. P. D. Patki, the Food Inspector was appointed by the State Govt. u/S. 9 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred as the 'Act' for brevity). His appointment was also published in the Govt. Gazette.
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The applicant is the vendor and proprietor of M/s. New Bhandari Kirana Bhusar and Provisions Stores, Shivaji Nagar, Nanded and engaged himself in the business of sell of food articles including food article ' Besan'.
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Mr. Patki, the complainant, visited shop of the applicant on 18/03/1998 along with panch Prakash Patki. That time, he disclosed his identity to the applicant. He purchased 750 gms. of 'Besan' from the applicant and paid Rs. 16/- (Rupees Sixteen only), cost of the said article. He then divided the said food article in 3 equal parts of 250 gm. each in empty plastic jar. The jars were sealed. Labels were put. On 19/03/1998, he sent one part of the sample along with memorandum in...
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