STATE OF MAHARASHTRA Vs. DURGADAS BHIMRAO GAIKWAD

JUDGEMENT

(1.) The State of Mahrastra has filed this appeal challenging the acquittal recorded, in favour of the respondent by the learned Judicial Magistrate first class, Osmanabad, under the provisions of the Prevention of Food Adulteration Act, 1954.

(2.) The facts in brief art as under.

(3.) Shri Santram Saghmare, Food Inspector Latur, vi&ited Bombli in the company of another Food Inspector by name S. S. Tiwari. On 8-11-1973, He reached the shop of Durgadas Bhimrao Gaikwad at about 6 p. m. At that time accused no. 2 was present in the shop The Food Inspector demanded caraway ( Shahajira ) for the purpose of Analysis. He purchased 450 grams of Shajira from accused no. 2, paid him Rs. 6/- and obtained a receipt for the same. It appears that while prearing the samples he divided into three parts and kept each part in a brown paper. He thereafter affixed the label and tied the brown papers by string.