- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPEAL NO.337 OF 1997 APPEAL NO.337 OF 1997 APPEAL NO.337 OF 1997 The State of Maharashtra ...Appellant vs. Narayan Ramanna Kole & others ...Respondents Mr.Y.S.Shinde A.P.P. for State Mr.R.V.Hirlekar for Respondent Nos.2 to 4 CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : MARCH 16,2009 : MARCH 16,2009 : MARCH 16,2009 JUDGMENT: JUDGMENT: JUDGMENT: 1. Heard learned A.P.P. for the State. The respondents were prosecuted for offence punishable under section 7(i) r/w (ia) (a), 2(ia) (c) 2 (ia) (j) and 2 (ia) (m) and section 7 (v) r/w Rule 44 (h) punishable u/s 16 and 17 of the Prevention of Food Adulteration Act,1954 (hereinafter referred to as the said Act). 2. The learned A.P.P has taken me through the complaint, notes of evidence and impugned Judgment and Order. He has submitted that in view of the finding recorded on point no.2, order of acquittal is perverse. 3. The case of the prosecution is that the Food Inspector along with his superior Officer and other officers visited the shop of the first respondent. There were 27 packed bags of turmeric powder of 10 kgs. each. Each bag was stitched and - 2 - was having labels as Lot no.55,56 and 57. The Food Inspector purchased 600 gms. of turmeric powder from each lot. He took the turmeric powder on brown paper, divided equally in three parts, filled it in separate sample bottles, tightly corked it and after wrapping it, it was forwarded to public analyst. There is no reference to use of any clean and dry bottle for collecting sample in the panchnama. It is pointed out that the panchnama does not disclose that the sample was collected on clean, dried and empty brown paper. The finding of the learned Judge that there is non compliance with the mandatory provision of Rule 14 of the said Act is borne out from the evidence on record. In any event, the view taken by the learned Trial Judge is a possible view. No interference is called for in this appeal against acquittal as Rule 14 of the said Rules is held to be mandatory. Appeal is accordingly dismissed. JUDGE JUDGE JUDGE