(1.) This Criminal Appeal is filed by the State of Maharashtra, challenging the order of acquittal dated October 16, 1976, passed by the Additional Sessions Judge, Jalgaon, in Criminal Appeal No. 61 of 1976.
(2.) The prosecution case may be briefly summarised as follows :---
(3.) The trial Magistrate, on the appreciation of oral and documentary evidence on the record, convicted the respondent No. 1- accused No. 1 for the offence punishable under section 7(i) read with section 16(1)(a) of the Prevention of Food Adulteration Act, and sentenced him to suffer R.I. for six months and also to pay a fine of Rs. 500/- and in default of payment of fine , R.I, for one month. The learned trial Magistrate also convicted the accused No. 2-respondent No. 2 for an offence punishable under section 7(i) read with section 16(1)(a) and also under section 17 of the Prevention of Food Adulteration Act and sentenced him to suffer R.I. for six months and to pay a fine of Rs. 500/- and in defaults of payment of fine, further R.I. for one month. The respondent No. 3-accused No. 5 M/s. Laxmi Vilas Hotel, a firm, was also convicted for the offence under section 7(1) read with section 16(1)(a) as also section 17 of the Prevention of Food Adulteration Act, and sentenced to pay a fine of Rs. 500/-.