RAMSHARAN DWARKADAS GUPTA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This judgment disposes of Criminal Revision Application No. 320 of 1981 as also Criminal Revision Application No. 321 of 1981 as both the applications arise out of common evidence and a common judgment and parties also are identical.

(2.) The petitioner in both the Revision Applications Ramsharan Dwarkadas Gupta has impugned the judgment and order of the learned Additional Session Judge, Greater Bombay, dated 14th April, 1981 dismissing his appeal and confirming the conviction and sentence passed by the learned Metropolitan Magistrate, 28th Court, Esplanade, Bombay on 30th August, 1977.

(3.) Briefly stated the facts are that on 16th September, 1975 at about 4.00 p.m. Deoram Kisan Nehete (P.W. 1), the Food Inspector, employed in the Food and Drugs Department of the Government of Maharashtra along with Drugs Inspector Pandit and Panch witness G. G. Sohani visited the premises of Messrs. Mathuraprasad Kheduram, situated at Joshi Nivas, Aarey Road, Goregaon (East), Bombay. Nehete found the petitioner present in the shop. Nehete disclosed his identity as also the purpose of his visit. He intimated in Form VI his intention of drawing samples of pickles which were on sale in the shop for the purpose of analysis. Nehete stated that the firm of Messrs. Mathuraprasad Kheduram was engaged in the business of manufacturing pickles. Nehete purchased 900 grms. of Amba-Limbu pickle for Rs. 2.50 p. as also 900 grms. of Amba pickle for Rs. 2.50 p. The petitioner passed two separate receipts acknowledging the amount received from the Food Inspector. The Food Inspector has produced two duplicates of Form VI as also two receipts which were market as Ext. 'A' Exhibit A-1 and Ext. 'B' and Ext. B-1 respectively. Each of the receipts and the duplicate forms bore the signature of the Panch witnesses and the thumb mark of the accused. The accused also passed a cash memo which has been marked as Ext. 'C'. The Cash-memo was also signed by the Panch witness as also bore the thumb mark of the accused. The Food Inspector thereafter divided each of the two samples into three equal parts, put them in dry clean bottles, wrapped them in brown paper, folded the top and bottom ends inside, pasted the labels tied by thread and sealed them. He took the signatures of the Panch witnesses as also the thumb mark of the petitioner on the labels. One bottle of each sample was given to the petitioner. On the next day i.e. on 17th September, 1975 Nehete delivered the two bottles containing Amba pickle and Amba-Limbu pickle along with Form VII to the Clerk of the Public Analyst. The Food Inspector obtained receipts for the delivery of these samples.