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1979 Supreme(SC) 136

A.D.KOSHAL, S.MURTAZA FAZAL ALI
Sitaram Son Of Laxminarayan Agarwal – Appellant
Versus
State Of Maharashtra – Respondent


Judgment

FAZAL ALI, J.: - These two appeals by special Leave are directed against a common judgment of the Bombay High Court by which the conviction of the appellants under Section 16 (1) (a) under the Prevention of Food Adulteration Act was upheld in two separate cases. In case No. 837/1972, the sentence was two years whereas in case No. 830/1972, the sentence was one year. Both the sentences were directed to run concurrently.

2. A detailed narrative of the prosecution case has been set out in the judgment of the High Court and it is not necessary for us to repeat the same all over again. But briefly, the allegation of the prosecution was that P. W. 2 Ganeshrao Pandurangrao Mukhodkar, a lawyer had purchased among others articles, ten kilograms of groundnut oil from the shop of the two appellants known as Balaji Kirana Stores. The purchase was made on 1-10-1970. The oil purchased from the appellants was used for cooking food in connection with a feast given to Mr. Justice Deshpande of the Bombay High Court. Soon after the feast was over some of the guests developed stomach trouble and started vomiting. This led to the suspicion that there was something wrong with the oil in which the













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