STATE OF MAHARASHTRA Vs. BABURAO TUKARAM SANGAONKAR

JUDGEMENT

(1.) The above appeal was filed by the State, against the order of acquittal, passed by the Additional Sessions Judge, Satara, on November 26, 1975, in Criminal Appeal No. 142 of 1974, filed by the respondents-accused Nos. 1 and 4, against their conviction and sentence dated December 26, 1974.

(2.) The prosecution case against the accused was briefly as under : The complainant, Food Inspector, duly appointed by the State Government, within the limits of Satara District, as per the provisions of Section 9 of the Prevention of Food Adulteration Act, 1954, by name, Chandrakant Maruti Malekar, visited the shop of the firm of M/s. B.T. Sayagaonkar & Co., Dhebewadi, taluka Paton, of which the respondent No. 1 and two others were the partners, who were shown in the trial Court as accused Nos. 2 and 3; and the firm was shown as accused No. 4.

(3.) The Food Inspector claimed to have visited the firm, on November 10, 1973, at 11 a.m. , in the presence of the panchas, Prakash Chintaman Mahajani and Imam Farid Mursal. At that time , accused No. 1 alone was present in the shop. There were various types of food articles, viz., chilli powder tur dal, groundnut oil, Ata, etc. exposed for sale in the shop.