IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1014 OF 2004 CRIMINAL APPEAL NO.1014 OF 2004 CRIMINAL APPEAL NO.1014 OF 2004 The State of Maharashtra ..Appellant V/s. Vasant Pandurang Pawar ..Respondent ---- Mrs.M.H.Mhatre, APP for Appellant/State. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date :10th January, 2006. PC 1. This is an appeal filed by the State against a judgment and order passed by the Chief Judicial Magistrate dated 22.4.2004 acquitting the accused of offences under section 7(i) r/w section 2(ia) (a) and 2(ia) (m) and section 7(v) r/w 50 of Prevention of Food Adulteration Act 1955 read with rule 5 of Maharashtra Prevention of Food Adulteration Rules 1962 punishable under section 16 of the said Act. On perusal of the impugned judgment and order, it is seen that cogent and acceptable reasons are given for acquittal. The Court has come to the conclusion from the evidence on record that the evidence did not sufficiently indicate that the sample was collected in an empty, clean and dry bottle and thus there was contravention of rule 14 of the Act. : 2 : There was no evidence to show that milk has been stored to make the sample homogenous and therefore, there was contravention of section 11(1)(b) of the said Act. The sample had been sent after a period of 4 days. There was doubt whether formaline has been added before sealing the sample as no formaline was detected in the test. The public analyst who had actually analysed the sample was not examined and the date of analysis was not on record. There was no evidence to show compliance of section 13 (2) of the Act as the acknowledgement to show that notice was sent was not placed on record. In my view, not a fit case to interfere. Hence leave is refused and consequently appeal stands dismissed. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)