-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 APPLICATION NO.3445 OF 2005 APPLICATION NO.3445 OF 2005 APPLICATION NO.3445 OF 2005 The State of Maharashtra ...Applicant vs. Eknath Bapusaheb Raijadhav ...Respondent Mr.A.S.Shitole, A.P.P.for the Applicant-State. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : DECEMBER 4,2006. : DECEMBER 4,2006. : DECEMBER 4,2006. P.C.: P.C.: P.C.: 1. Heard learned A.P.P. for the Applicant-State. The acquittal of the Respondent is for the offence under section 7(vi) read with section 2(i) punishable under section 16 of the Prevention of Food Adulteration Act, 1954. 2. The perusal of the Judgment of the learned Trial Judge shows that he has considered the entire oral and documentary evidence on record. He found that the Panch witness P.W.No.3 who was allegedly present at the time of drawing the sample did not support the prosecution. The learned Judge also found that the complainant has not prepared the notes of inspection as per the provisions of section 9 of the said Act of 1954. The learned Judge has also found that there was non compliance with Rule 16 (b) of the rules framed under the said Act of 1954. The learned Judge also noted that the complainant has not stated that he had cleaned and dried the pot in which the sample was collected on the spot. There was no evidence to -2- show that the bottles which were used for keeping the samples were cleaned and dried before collection of the samples. Apart from this fact, the report of the Public Analyst does not disclose the date on which the sample was analysed. Therefore, the learned Trial Judge has held that the prosecution has not established the guilt of the Respondent. 3. The view taken by the learned Judge is a possible view which could have been taken on the basis of evidence on record. No case is made out for grant of leave. Application is rejected. JUDGE JUDGE JUDGE