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1967 Supreme(Kar) 78

H.HOMBE GOWDA, C.HONNIAH
BELGAUM BOROUGH MUNICIPALITY BY ITS PROSECUTOR D. S. SADRE – Appellant
Versus
SHRIDHAR SHANKAR KUNDRI – Respondent


HOMBE GOWDA, C. J.

( 1 ) THE respondents were prosecuted for an offence punishable under Section 16 (1) (A) (I) read with Section 7 of the Prevention of Food Adulteration Act on the allegation that on 31-12-1964 at about 2 p. m. they were found to have stored adulterated safflower oil (Kusumba) in their shop in house No. 655 at Raviwar Peth, Belgaum and that the first respondent sold and that the second respondent caused to be sold 360 milli-litres of that adulterated safflower oil to the Food inspector Sri Mendoza, in the Court of the Judicial Magistrate. First Class, Belgaum City. In answer to the charged framed under Section 7 of the Prevention of Food Adulteration Act both the Respondents stated that they had not committed the offence. The Prosecutor led evidence to prove that the first respondent sold safflower oil to the Food Inspector of Belgaum City on 31-12-1964 and that the second respondent caused the same to be sold. The Food Inspector who purchased 360 milli litres of safflower oil from the first respondent in the presence of the second respondent who is the owner of the shop; that he divided the oil into three equal portions and put them into three empty clean bottle










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