Case Note & Summary
The State of Maharashtra appealed against the acquittal of Ashishkumar Dineshkumar Patel, proprietor of M/s. New Rajashiri Oil Depot, for offences under Section 7(i) read with Section 2(ia)(a) and 2(ia)(m) punishable under Section 16 of the Prevention of Food Adulteration Act, 1954. The appeal arose from a judgment dated 21 July 2003 of the Chief Judicial Magistrate, Pune. The respondent-accused was not represented, so the court appointed Ms. Spenta Havewala as Amicus Curiae. The Amicus argued that the court need not delve into facts because it is settled law that samples must be taken in clean and dried containers. She relied on B.A. Samant v. The State of Maharashtra (1968 SCC Online Bom 115). The Food Inspector (PW-1) admitted in cross-examination that he did not clean the sample bottles on the spot. Though he claimed he verified the bottles were clean and dried the previous day, this was stated for the first time in examination-in-chief. The panch witness (PW-2) stated that the Food Inspector did not call him at the time of sampling and that bottles were not cleaned in his presence. The court found that the failure to comply with Rule 14 of the Prevention of Food Adulteration Rules, 1955, which requires samples to be taken in clean and dry bottles, affected the credibility of the prosecution's case. The court upheld the acquittal, finding no merit in the appeal.
Headnote
A) Prevention of Food Adulteration - Sampling Procedure - Rule 14 of Prevention of Food Adulteration Rules, 1955 - Failure to take samples in clean and dried bottles - The Food Inspector admitted he did not clean sample bottles on spot and his claim of prior verification was first stated in examination-in-chief. The panch witness stated bottles were not cleaned in his presence. Held that such non-compliance affects credibility of prosecution case and acquittal is justified (Paras 3-4).
Issue of Consideration
Whether the acquittal of the accused under the Prevention of Food Adulteration Act, 1954 is sustainable given the Food Inspector's failure to take samples in clean and dried bottles as required by Rule 14 of the Prevention of Food Adulteration Rules, 1955.
Final Decision
The appeal is dismissed and the acquittal of the accused is upheld.
Law Points
- Non-compliance with Rule 14 of Prevention of Food Adulteration Rules
- 1955
- Failure to take samples in clean and dried containers
- Credibility of prosecution evidence
- Acquittal upheld
