w w w . L a w y e r S e r v i c e s . i n



Krishna Shivaji Bhosale v/s Mangaldas Bhanudas & others


Company & Directors' Information:- KRISHNA INDIA PRIVATE LIMITED [Active] CIN = U74899DL1995PTC064252

Company & Directors' Information:- S KRISHNA AND COMPANY PRIVATE LIMITED [Active] CIN = U25209DL1989PTC124573

Company & Directors' Information:- S. KRISHNA & COMPANY PVT LTD. [Strike Off] CIN = U25191WB1989PTC046821

    Criminal Revision Application No. 15/20 of 1979

    Decided On, 17 February 1982

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE M.L. PENDSE

    For the Petitioner: V.P Tipnis, Advocate. For the Respondent: M.D. Gangakhedkar, Advocate.



Judgment Text

These two revision applications are filed by the Food Inspector, Thane Municipal Council, Thane, to challenge the legality of the order dated October 19,1978 passed by the Chief Judicial Magistrate, Thane in Criminal Case No. 2986 of 1975 and 2983 of 1975 discharging the accused of the offence punishable under sections 2(i), 7 and 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954. Both the revision applications can be conveniently disposed of by a common judgment as the order of discharge in both the matters proceeds on the some grounds.


2. The Chief Judicial Magistrate came to the conclusion that the prosecution launched by the Food Inspector after obtaining permission of the Chief Officer was not valid because the report of the Public Analyst was in favour of the accused and to the effect that the food article sold was not adulterated. The trial Magistrate also held that after the report was received from the Director of Laboratory, Calcutta, the Food Inspector ought to have obtained a fresh sanction of the Chief Officer and filed a fresh case. In a companion matter, being Criminal Appeal No. 897 of 1978 decided by me, I have found that the reasoning assigned by the Magistrate is clearly erroneous and I would have set aside the order of discharge if the order of the Magistrate proceeded only on those grounds.


But the trial Magistrate also held that Rule 4(3) of the Prevention of Food Adulteration Rules was not complied with as the specimen seal sent to the Director were not of the Court but of the Food Inspector and this clearly contravened section 13(2) of the Act. Shri Tipnis points out that the record indicates that the seal and the memorandum sent to the Director at Calcutta was of the Court itself and not of the Food Inspector. There is some merit in the submission of the learned Counsel, but I am not inclined to set aside the order of discharge in these two cases because Shri Tipnis was unable to point out anything on record to establish that there was compliance with sub-rule (3) of Rule 4. Shri Tipnis was unable to point out that the copy of the memorandum and the specimen impression of the seal used to seal the container and the cover was sent separately by registered post to the Director, Calcutta. Shri Tipnis made a faint attempt to suggest that in case the order of discharge is set aside and the two cases are sent down for fresh hearing, it is possible for the prosecution to lead evidence to establish compliance of Rule 4. I am not inclined to grant this prayer as I find that the cases were instituted in the year 1975 in respect of the offence alleged to have been committed in the early part of the year 1975, and more than seven years have lapsed from that time. It would be indeed very has to the accused to undergo

Please Login To View The Full Judgment!

a fresh trial after more than seven years. In these circumstances, I am not inclined to disturb the order of discharge passed by the trial Magistrate in both these matters. 4. Accordingly, both the revisions fail and the rule is discharged in both the petitions. Rule discharged.
O R







Judgements of Similar Parties

20-07-2020 National Insurance Co. Ltd. Through National Legal Vertical, New Delhi Versus M/s. Krishna Spico Industries Pvt. Ltd., Ghaziabad & Another National Consumer Disputes Redressal Commission NCDRC
18-06-2020 Ram Krishna Jha & Others Versus State of Bihar & Others High Court of Judicature at Patna
15-06-2020 Integrated Enterprises India Ltd. & Another Versus Ippili Krishna Surekha Rao & Another National Consumer Disputes Redressal Commission NCDRC
09-06-2020 Krishna Pandey Versus State of Bihar High Court of Judicature at Patna
04-06-2020 Krishna Terine Prints Private Limited Versus Union of India & Others High Court of Gujarat At Ahmedabad
26-05-2020 Suneet Kumar Versus Krishna Kumar Agarwal High Court of Judicature at Allahabad
21-05-2020 V.K. Dayanand & Others Versus Kitty @ Krishna Reddy & Others High Court of Karnataka
21-05-2020 Aravapalli Krishna Murthy Versus Syed Lal Saheb Died & Others High Court of Andhra Pradesh
19-05-2020 M/s. Krishna Timber & Plywood Versus State of Tamilnadu, rep. By its Principal Secretary to Government, Commissioner of Commercial Taxes, CT & Re Department & Others High Court of Judicature at Madras
07-05-2020 Mondi Murali Krishna Versus Dumpa Hanisha Naga Lakshmi & Others High Court of Andhra Pradesh
17-04-2020 Shankar Sakharam Kenjale (Died) Through His Legal Heirs Versus Narayan Krishna Gade & Another Supreme Court of India
16-04-2020 M. Murali Krishna Goud & Another Versus The State of Andhra Pradesh Rep by its Principal Secretary Revenue Stamps and Registration Department Secretariat Buildings Velagapudi Guntur District Andhra Pradesh State & Others High Court of for the State of Telangana
30-03-2020 Bala Krishna Mandapati Versus The State of Telangana, Rep., by its Chief Secretary, Revenue (Disaster Management-II), Hyderabad & Others High Court of for the State of Telangana
18-03-2020 Prabhat Krishna Verma @ Babloo Versus State of U.P. High Court of Judicature at Allahabad
12-03-2020 D. Krishna Versus State of Telangana High Court of for the State of Telangana
06-03-2020 Krishna Enterprise & Others Versus Axis Bank Limited & Another` High Court of Judicature at Calcutta
02-03-2020 Vikas Aggarwal Versus Bal Krishna Gupta & Others High Court of Delhi
24-02-2020 The Commissioner, Treasuries & Accounts, Chennai & Others Versus Krishna P. Nair Before the Madurai Bench of Madras High Court
20-02-2020 Gangaram Rambhau Doiphode & Another Versus D. Kumar Naidu, Proprietor of M/s. Shree Krishna Transport & Another High Court of Judicature at Bombay
19-02-2020 Talari Krishna Versus State of A.P., rep. by its Public Prosecutor High Court of A.P. & Others High Court of for the State of Telangana
19-02-2020 Airport Authority of India, Represented by Its Chairperson, New Delhi & Others Versus B. Sham Krishna & Others High Court of Kerala
19-02-2020 E.V. Gopalakrishnan Versus Ashin Krishna High Court of Kerala
13-02-2020 Jitendra Kumar Khoiya Versus Shri Krishna Motors, Jhansi Road, Sakhiya Vilas & Others Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
12-02-2020 The State of Maharashtra Versus Masu Krishna Chavan & Another High Court of Judicature at Bombay
11-02-2020 Krishna Shri Gupta Versus State of U.P. & Others High Court of Judicature at Allahabad
07-02-2020 Rakesh Malhotra Versus Krishna Malhotra Supreme Court of India
07-02-2020 Binoy Krishna Dey & Another Versus The State of West Bengal High Court of Judicature at Calcutta
07-02-2020 Jongam Krishna Kanth V/S Andhra Bank and Others. Debts Recovery Tribunal Hyderabad
06-02-2020 Kelvin Jute Company Ltd. Workers' Provident Fund & Another Versus Krishna Kumar Agarwal, President, Waverly Jute Mills Co. Workers & Others High Court of Judicature at Calcutta
05-02-2020 Patcha Subrahmanyam Versus Chenna Krishna Rao & Others High Court of Andhra Pradesh
03-02-2020 Swami Chinmayanand Alias Krishna Pal Singh Versus State of U.P High Court of Judicature at Allahabad
28-01-2020 Kotak Investment Advisors Limited & Others Versus Krishna Chamadia, Resolution Professional of Ricoh India Limited & Others High Court of Judicature at Bombay
27-01-2020 Krishna Pada Poddar Versus ABS Land Development and Construction Ltd., Rep. by its Managing Director, Tapan Ghosh West Bengal State Consumer Disputes Redressal Commission Kolkata
23-01-2020 D.T.C Versus Krishna Bahal High Court of Delhi
23-01-2020 Krishna Saikia @ Biman Versus State of Assam High Court of Gauhati
23-01-2020 Krishna Ram Versus State of Bihar & Others High Court of Judicature at Patna
21-01-2020 Krishna Daga & Another Versus West Bengal Surface Transport Corporation Ltd. & Others West Bengal State Consumer Disputes Redressal Commission Kolkata
09-01-2020 Chowgule Industries Pvt. Ltd. Versus Krishna Shrikant Kumbhar & Others High Court of Judicature at Bombay
08-01-2020 Maj Pankaj Rai Versus Krishna Veni Rai, Nee Krishnaveni Challa High Court of for the State of Telangana
08-01-2020 Rajareddy Versus R. Krishna Reddy (died) & Others High Court of Judicature at Madras
07-01-2020 Kasaraneni Balarama Krishna @ Balarama Krishnaiah Versus Kasaraneni Rajasree High Court of Andhra Pradesh
07-01-2020 Kasaraneni Balarama Krishna @ Balarama Krishnaiah Versus Kasaraneni Srikanth High Court of Andhra Pradesh
07-01-2020 Koovam Krishna Reddy & Others Versus M. Arumugam & Others High Court of Judicature at Madras
03-01-2020 Bank of Baroda V/S Sri Krishna Minerals and Others. Debts Recovery Tribunal Cuttack
03-01-2020 Krishna Institute of Medical Sciences Ltd. & Another Versus V. Srinivas Rao & Another Telangana State Consumer Disputes Redressal Commission Hyderabad
31-12-2019 M/s. Sai Krishna Alloys, Rep. by its Partner, N. Anbalagan Versus The Superintending Engineer (Metro) Tamil Nadu Electricity Board, Coimbatore Electricity Distribution Circle, Coimbatore High Court of Judicature at Madras
24-12-2019 Pran Krishna Shil @ Sil Versus State of West Bengal High Court of Judicature at Calcutta
20-12-2019 Capt. M.S. Krishna Kumar, "Lakshmi Krishna", Chennai Versus Union of India & Others High Court of Judicature at Madras
19-12-2019 Rama Krishna & Another Versus The State of Andhra Pradesh Rep by its Principal Secretary Industries and Commerce Mines Department A P Secretariat Velagapudi Guntur District A.P. & Others High Court of Andhra Pradesh
19-12-2019 Suja Merine Thomas Versus Krishna Pillai High Court of Kerala
18-12-2019 Krishna Mahadevan @ Mahadevan, Hiruvananthapuram, Represented by Power of Attorney Holder, M. Krishna Iyer Versus K.R. Moniamma & Others High Court of Kerala
17-12-2019 Shree Shantadurga Kumbhar – Juvekarin Versus Shree Devaki Krishna Devasthan, Through its President Dr. Jaikrishna Lawande & Others In the High Court of Bombay at Goa
13-12-2019 S. Krishna Sradha V/S The State of Andhra Pradesh and Others. Supreme Court of India
10-12-2019 V. Radha Krishna & Others Versus State of Telangana, rep. by its Prl. Secretary, Co-operative Societies Department & Others High Court of for the State of Telangana
06-12-2019 New India Assurance Co. Ltd. Versus Krishna Kumar Pandey Supreme Court of India
03-12-2019 Krishna Devi & Others Versus State of Haryana & Others High Court of Punjab and Haryana
29-11-2019 Branch Manager, State Bank of India Versus Kali Krishna Chakraborty West Bengal State Consumer Disputes Redressal Commission Kolkata
27-11-2019 R. Venkataramana Reddy Versus R. Radha Krishna Reddy & Others High Court of Andhra Pradesh
26-11-2019 Krishna Moulik Versus Tata Motors Finance Ltd. & Another West Bengal State Consumer Disputes Redressal Commission Kolkata
20-11-2019 Krishna Khatri & Another Versus Balaji Hospital Pvt. Ltd. & Others Delhi State Consumer Disputes Redressal Commission New Delhi
18-11-2019 Deepali Versus Krishna & Others In the High Court of Bombay at Aurangabad
13-11-2019 Pramod Versus Sudha Krishna Kand In the High Court of Bombay at Aurangabad
13-11-2019 The State of Maharashtra Versus Manohar Krishna Naik & Others High Court of Judicature at Bombay
12-11-2019 Karnam Bala Rama Krishna Murthy Ongole, Prakasam District Versus Bandla Suryanarayana Babu, Ongole Prakasam District High Court of Andhra Pradesh
05-11-2019 Krishna Savala Dalvi & Others Versus Sampat Krishna Kadam & Others High Court of Judicature at Bombay
05-11-2019 Parsineti Subhashini Versus Vedam Krishna Murthy High Court of Andhra Pradesh
17-10-2019 The Manager, Sree Krishna High School Versus M.T. Jancy High Court of Kerala
15-10-2019 State of Andhra Pradesh, School Education Dept., Velagapudi & Another Versus L.B.M. Krishna High Court of Andhra Pradesh
15-10-2019 Karra Krishna Kumar Versus The State of Telangana High Court of for the State of Telangana
01-10-2019 Krishna Devi Maheshwari Versus Surendra Surekha Supreme Court of India
30-09-2019 B. Krishna Reddy Versus Syed Hafeez (Died) Per Lr. Smt. Naseema Begum & Another Supreme Court of India
30-09-2019 Krishna Ashtekar Versus The Customs & Central Excise Settlement Commission, Additional Bench, Chennai & Another High Court of Judicature at Madras
26-09-2019 Krishna Prasad Verma (D) Thr. Lrs. Versus State of Bihar & Others High Court of Judicature at Madras
26-09-2019 Krishna Prasad Verma (D) Through. LRS. Versus State of Bihar & Others Supreme Court of India
20-09-2019 International Society for Krishna Consciousness Versus Ishwari Prasad Singh Roy & Others High Court of Judicature at Calcutta
19-09-2019 Ram Krishna Pandey Versus Sudarsan Giri Mahanth Bodh Gaya Math & Others High Court of Judicature at Patna
19-09-2019 M/s. Sri Krishna Shelters Pvt. Ltd. Versus Union of India, Central Public Works Department & Another High Court of Karnataka
13-09-2019 The State of Karnataka Rep. by its Principal Secretary, Health & Family Welfare Services Department, Bengaluru Others Versus N. Krishna Reddy, Bengaluru & Others High Court of Karnataka
12-09-2019 The Indian Church Council of The Disciples of Christ Through Its Executive Secretary A.D. James, Chhattisgarh & Another Versus Krishna Kumar Agrawal & Others High Court of Chhattisgarh
11-09-2019 Krishna Venkatesh & Another Versus Balbhim Malvankar & Others In the High Court of Bombay at Goa
11-09-2019 Col. (Retd) Rama Krishna Sareen Versus Pawan Hans Helicopters Ltd. High Court of Delhi
04-09-2019 N. Gopala Krishna Versus The State of Telangana High Court of for the State of Telangana
04-09-2019 M/s. Kone Elevator India Pvt. Ltd., Rep. by its Company Secretary, C.V.S. Krishna Kumar, Aynambakkam, Chennai Versus M/s.Indo Pacific Software and Entertainment Limited, Nagpur & Another High Court of Judicature at Madras
02-09-2019 Colonel Shrawan Kumar Jaipuriyar @ Sarwan Kumar Jaipuriyar Versus Krishna Nandan Singh & Another Supreme Court of India
20-08-2019 Goa State Cooperative Bank Ltd. Versus Krishna Nath A. (Dead) Through Lrs. & Others Supreme Court of India
19-08-2019 Krishna Pratap Versus Meenu Devi High Court Of Judicature At Allahabad Lucknow Bench
19-08-2019 Tadi Suryanarayana Reddy Versus Mylavarapu Rama Venkata Krishna Narasimha Rao High Court of Andhra Pradesh
06-08-2019 Maximus ARC Limited, a Company Incorporated under Companies Act, 2013, Vijayawada, Rep. by Assistant Vice President, K. Hari Krishna Versus Anna University, Chennai, Rep. by its Vice Chancelor, Chennai & Another High Court of Judicature at Madras
01-08-2019 P. Sree Krishna Versus Airports Authority of India & Others High Court of Delhi
30-07-2019 Krishna Tomar Versus SBI Life Insurance Company Ltd. & Others Madya Pradesh State Consumer Disputes Redressal Commission Bhopal
30-07-2019 Kedar Versus Radha Krishna Mahavidyalaya & Others High Court of Judicature at Allahabad
30-07-2019 Sri Sai Krishna Constructions Versus Glove Infracom & Another High Court of Judicature at Bombay
30-07-2019 Zenith Drugs & Allied Agencies Pvt. Ltd. Represented By Its Managing Director, Shri Uday Krishna Paul Versus M/s. Nicholas Piramal India Ltd. Supreme Court of India
29-07-2019 Krishna Kumar Rawat & Others Versus Union of India & Others Supreme Court of India
25-07-2019 S. Suresh Babu, Managing Partner, Unnikuttan Construction Company, Kadakkavoor Versus Soorya S. Krishna Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram
08-07-2019 Laxmi Krishna Talkatkar & Others Versus Krishna Ankush Talkatkar & Another High Court of Judicature at Bombay
03-07-2019 M.V. Krishna Murthy Versus C. Arun High Court of Karnataka
28-06-2019 Krishna Das Saroh Versus Government of Karnataka, Home Department, Bengaluru & Others High Court of Karnataka
25-06-2019 M/s. Krishna Industrial Corporation Ltd., Represented by its Managing Director, Dr. S.R.K. Prasad, Chennai Versus M/s. Andhra State Finance Corporation, West Godavari District, Andhra Pradesh High Court of Judicature at Madras
10-06-2019 Krishna Versus State In the High Court of Bombay at Goa