STATE OF MAHARASHTRA MOHAMAD ISMAIL MOHAMED IBRAHIM Vs. STATE OF MAHARASHTRA RAMKARAN GANPATLAL SHARMA

JUDGEMENT

(1.) Criminal Appeal No 698 of 1976 preferred by the State and Criminal Revision Application No. 531 of 1977 perferred by the two original accused are being disposed of by this common judgment though they are technically unrelated to each other. This is being done because the two were argued before me consequtively and they can be conveniently disposed of on the basis of a deacision on a single point.

(2.) Criminal Appeal No 698 of 1976 is directed against the order of acquittal passed by the learned Judicial Magistrate, First Class, of Sindkheda in Criminal Case No. 76 of 1973 instituted at the instance of the Food Inspector of Dhulia against the respondent the accused in the case on the ground that the accused had sold to the Food Inspector mirchi-powder which was found to be adulterated. The learned trial Magistrate by his judgment and order dated 30 th January 1976 acquitted the accused on the grounds that the requirements of Rule 22 had not been complied with, that there was no independent corroboration to the evidence of the Food Inspector & that there was no proof of theFood Inspector having sent the memorandum in Form VII to the Public Analyst. This order of acquittal is challenged by the State,

(3.) Criminal Revision Application No. 531 of 1977 has been preferred by the2 accused who have been convicted by the two courts below on the ground that they sold to the Food Inspector of Bhiwandi, Khursani oil which was found to be adulterated.