Case Note & Summary
The State of Maharashtra, through the Food Inspector, filed an appeal against the acquittal of Jayram Atmaram Shadija, proprietor of M/s Durga Laghu Udhyog, for offences under Section 16 of the Prevention of Food Adulteration Act, 1954. The respondent was accused of stocking for sale and selling adulterated linseed oil and conducting business without a licence. The Food Inspector visited the respondent's shop on 26 July 1995, collected a sample of linseed oil from a loose unlabelled tin, and sent it to the Public Analyst, whose report indicated sub-standard quality. The trial court acquitted the respondent, finding procedural irregularities and lack of evidence. The High Court upheld the acquittal, noting that the prosecution failed to prove that the sample was taken from a sealed container or that the respondent was the manufacturer or seller. The court also observed that the sample was not sent to the Director of Central Food Laboratory for confirmation, and the Public Analyst's report alone was insufficient. The appeal was dismissed as devoid of merit.
Headnote
A) Prevention of Food Adulteration - Sampling Procedure - Non-Compliance - Section 16, Prevention of Food Adulteration Act, 1954 - The prosecution failed to prove that the sample was taken from a sealed container or that the respondent was the manufacturer or seller of adulterated oil - The Food Inspector did not comply with Rule 14 of the PFA Rules regarding sampling from sealed containers - Held that the acquittal was justified due to procedural lapses (Paras 5-7).
B) Prevention of Food Adulteration - Report of Public Analyst - Evidentiary Value - Section 13, Prevention of Food Adulteration Act, 1954 - The Public Analyst's report indicated sub-standard quality but the prosecution did not send the sample to the Director of Central Food Laboratory for confirmation - The report alone was insufficient to prove adulteration beyond reasonable doubt - Held that the benefit of doubt must go to the accused (Paras 8-9).
C) Criminal Procedure - Appeal Against Acquittal - Scope - Section 378, Code of Criminal Procedure, 1973 - The appellate court should not interfere with an acquittal unless the findings are perverse or unreasonable - The trial court's appreciation of evidence was plausible and not perverse - Held that the appeal was devoid of merit and dismissed (Paras 10-11).
Issue of Consideration
Whether the acquittal of the respondent for offences under Section 16 of the Prevention of Food Adulteration Act, 1954, for stocking and selling adulterated linseed oil and conducting business without licence, was proper and legal.
Final Decision
The High Court dismissed the appeal and upheld the acquittal of the respondent, finding no merit in the State's appeal.
Law Points
- Acquittal upheld due to procedural irregularities
- non-compliance with sampling rules
- failure to send sample to Director of Central Food Laboratory
- lack of evidence of adulteration
- burden of proof on prosecution
Case Details
2014 LawText (BOM) (08) 137
Criminal Appeal No. 190 of 2001
Mrs. Mehta, Addl. Public Prosecutor, for the appellant; Mr. R.N. Khare, Advocate for the Respondent
State of Maharashtra, through Shri C.D. Salunke, Food Inspector, Food & Drugs Administration, M.S. Wardha
Jayram s/o Atmaram Shadija, Proprietor of M/s Durga Laghu Udhyog, Sindhi Market, Wardha
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Nature of Litigation
Criminal appeal against acquittal for offences under the Prevention of Food Adulteration Act, 1954.
Remedy Sought
The State of Maharashtra sought reversal of the acquittal of the respondent and conviction for stocking and selling adulterated linseed oil and conducting business without licence.
Filing Reason
The Food Inspector filed a complaint alleging that the respondent stocked for sale and sold adulterated linseed oil and conducted business without a licence.
Previous Decisions
The Chief Judicial Magistrate, Wardha, acquitted the respondent of all charges after trial.
Issues
Whether the prosecution proved beyond reasonable doubt that the respondent stocked for sale and sold adulterated linseed oil.
Whether the procedural requirements under the Prevention of Food Adulteration Rules were complied with.
Whether the trial court's acquittal was perverse or unreasonable.
Submissions/Arguments
The appellant argued that the Public Analyst's report clearly showed the sample was sub-standard and the respondent was guilty.
The respondent contended that the sample was not taken from a sealed container, the procedure was not followed, and the sample was not sent to the Director of Central Food Laboratory.
Ratio Decidendi
The prosecution failed to prove the case beyond reasonable doubt due to procedural irregularities, including non-compliance with sampling rules and failure to send the sample to the Director of Central Food Laboratory. The trial court's findings were plausible and not perverse, warranting no interference in appeal.
Judgment Excerpts
This is State appeal against acquittal of the respondent of the charge of stocking for sale and selling adulterated Linseed oil punishable under Section 16 of The Prevention of Food Adulteration Act, 1954.
The sample that was collected was divided into three equal parts and secured by placing seals by following the procedure prescribed under the Rules.
Report of the Public Analyst, when received, disclosed that the sample was of sub-standard quality and it did not conform to the standards of linseed oil as per item No. A.17.04 of Appendix-B of the P.F.A. Rules, 1955.
Procedural History
The Food Inspector filed a complaint before the Chief Judicial Magistrate, Wardha, who after trial acquitted the respondent. The State appealed to the High Court of Bombay, Nagpur Bench, which dismissed the appeal on 27 August 2014.
Acts & Sections
- Prevention of Food Adulteration Act, 1954: Section 16
- Prevention of Food Adulteration Rules, 1955: Rule 50, Rule 14, Appendix B, Item A.17.04
- Code of Criminal Procedure, 1973: Section 378
