Equivalent Citation: 2015ALLMR(Cri)1873, 2015(2)BomCR(Cri)325, 2015CriLJ3558,2015(4)crimes 343 Bom
IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
Criminal Revision Application No. 209 of 2002
Decided On: 09.02.2015
Appellants: Shantilal
Vs.
Respondent: The State of Maharashtra
Vs.
Respondent: The State of Maharashtra
Hon'ble Judges/Coram:V.M. Deshpande, J.
Criminal - Acquittal - Lack of evidence - Sections 2(i-a), (a), 2(i-a)(m), 7(v) of Prevention of Food Adulteration Act, 1954 - Present appeal filed against order whereby Appellant was convicted for offence punishable u/s. 7(i) read with 2(i-a), (a), 2(i-a)(m) and Section 7(v) read with Rule 50 punishable u/s. 16(1)(a)(ii) and 16(1)(a)(I) of Act - Whether - Held, clear from report of Public Analyst that chemical tests were performed and sample was found fit as per prescribed standard - Therefore, only on basis of microscopic examination, it could not be said that Foreign starch was found - No quarrel that Public Analyst, who adopted microscopic test, was not provided by Legislature - When Legislature had not approved such test, therefore, conviction could not be based on such microscopic examination, especially when on chemical test, 'Besan' was found to be in conformity with standard - Therefore, impugned order of conviction was set aside - Appeal allowed.
