The main legal point established in the judgment is that the State proved its case beyond reasonable doubt, leading to the conviction of accused No.3 under the Prevention of Food Adulteration Act, 1954.

A.I.S. Cheema, J.

1. This Appeal is against acquittal. In the trial Court, before the Chief Judicial Magistrate, Parbhani in R.C.C. No.489 of 1992, the accused No.3 was present Respondent No.3 Shankar Gaud Vithal Gaud (here after referred as "accused No.3"). He was tried along with the following two accused :

(1) M/s. Saibaba Toddy Company, H. No. 58, Ward No. 7, Jijamata Road, Parbhani, Tq. and Dist. Parbhani,

(2) Kishanrao Bhujangrao Bhalerao, Age:27 years, Occu: R/o. Dharephal, Tq. Basmath, Dist. Parbhani.

The matter related to complainant filed by Food Inspector, Food and Drugs Administration, Parbhani, PW1 Sudhakar Patil who filed complaint for contravention of Section 7 of Prevention of Food Adulteration Act, 1954 (here after referred as "the Act") along with other provisions of the said Act. The accused No.1 is a firm of which accused No.2 was partner looking after the business. Accused No.3 was working as servant. The business was being operated from house No.58, the address of the accused No.1. Respondent No.3 along with the other two accused came to be prosecuted and was acquitted by the Chief Judicial Magistrate, Parbhani on 29th November, 1996. Against the acquittal, present Appeal came to be filed against the three accused. This Appeal had come up earlier before this Court and by Judgment dated 23rd January, 2009 my then learned Predecessor allowed the Appeal and the acquittal was reversed and all the three accused came to be convicted and sentence was passed. The matter was carried to the Hon'ble Supreme Court. Criminal Appeal No.1142 of 2010 preferred by the accused No.2 came to be dismissed by the Hon'ble Supreme Court and his conviction and sentence came to be maintained. Criminal Appeal No.75 of 2012 of present Respondent No.3 (Accused No.3) was allowed by the Hon'ble Supreme Court by Judgment dated 15th September, 2015 as he was unrepresented when the matter had come up before this Court and when the Appeal was decided against him. Hon'ble Supreme Court remanded the matter back to this Court for fresh disposal in accordance with law. Thus, present matter has come up for decision of the Appeal as regards accused No.3 only.

2. The case of prosecution in short is as follows :

(A) Complainant Food Inspector Sudhakar Patil (PW-1) was working as Food Inspector for local area of Parbhani District. The Chief Officer of Municipal Council, Parbhani was appointed as local health authority vide Government Notification dated 15th April, 1983. The accused No.1 was partnership firm of which accused No.2 was managing partner. Accused No.3 was working as servant in Respondent No.1. The business was of collecting and selling Toddy. PW-1 Sudhakar Patil along with Panchas went to the premises of accused No.1 on 29th January, 1992 at about 3.00 p.m. Accused No.3 was present in the shop. PW1 introduced himself and found that in the shop there were 240 bottles of Toddy kept for sale. They did not bear any label. They were not corked. The PW-1 undertook procedure under the Act and the Prevention of Food Adulteration Rules, 1995 (hereafter referred as "Rules") to purchase sample of Toddy. After duly drawing samples and following the necessary procedure for purchase of Toddy and after duly sealing the samples, the sample was got analysed from public analyst PW-4 Prakash Kulkarni. Necessary consent for prosecution was obtained from Joint Commissioner of Food and Drugs Administration, Aurangabad division and the complaint was filed.

(B) The matter came up before the Chief Judicial Magistrate, Parbhani. Evidence before charge was recorded. Then the charge came to be framed at Exhibit 66. The accused pleaded not guilty. The evidence was completed. The defence of accused was of denial. For the prosecution, PW1 Sudhakar Patil deposed. Further witnesses examined were PW2 Panch Vithal Shinde, PW-3 Shashikant Bharne, then Chief Officer of Municipal Council, Parbhani and PW4 Prakash Kulkarni, Public analyst. The Chief Judicial Magistrate co