KANTILAL AMBALAL SHAH Vs. I G PATEL

JUDGEMENT

(1.) This is an appeal filed by original accused Nos. 1 and 2 who have been convicted of an offence punishable under sec. 7(1) read with sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act 1954 (which will be hereinafter referred to as the Act) and each of them is sentenced to suffer one days rigorous imprisonment and to pay a fine of Rs 1 500 and in default of payment of fine to undergo 12 months further rigorous imprisonment by the learned City Magistrate 8 Court Ahmedabad in Criminal Case No. 438 of 1968.

(2.) The prosecution story briefly stated is as under:

(3.) The appellants version was that they had not committed any offence. Several contentions were raised. Some of them were on the basis of some variation found in the analysis made by the public analyst and the analysis made at the Central Food Laboratory. Appellant No. 1s version was that no sale of spices was being effected at his shop.