Judgement

M. H. BEG, J.: The appellant was charged in the Court of Presidency Magistrate of Bombay as follows:

"That you on 3-12-1968 at 8 a.m. at Bandra, in contravention of provisions of Sections 2 (1) (f) and 7 (i) of the Prevention of Food Adulteration Act, sold 450 grams of Til seeds to the Food Inspector and that the Til seeds were unfit for human consumption, and thereby committed an offence under Section 16 (1) (a) (i) of the same Act and within my cognizance".

2. The two witnesses produced to support, this charge were D. P. Tambe and S. P. Gaydhani.

3. D. P. Tambe, (P.W. 1), a businessman, said that he had gone to "a shop to make purchases", without giving either the name of the shop or approximate date or time of his visit. Under cross-examination, he said that he did not know whether it was a foodgrain shop. He said that he saw the complainant pick up a jar, open it, and look at its contents. He deposed that there was "some talk" between the complainant and the accused. The complainant was then said to have come up to and told this witness that he would be taking "some commodity from the jar" which would be sent for analysis. After that, the complainant, it was alleged, aske