B. M. KALAGATE, J.

( 1 ) FIRST petitioner Laxman Sitaram Pai is the Manager and Second Petitioner Venkatesh Bhiku pai is the Proprietor of the hotel known as 'madhavashram' in house No. 3441, College Road, belgaum. The two petitioners were the accused in C. C. No. 3752 of 1964 in the Court of the judicial Magistrate, First Class, Belgaum City, and the charge against them was that they have committed an offence punishable under Section 1 (3 (1) (a) (i) read with Section 7 of the prevention of Food Adulteration Act, 1954. The complaint was filed against the petitioners by the Belgaum Borough Municipality by its Prosecutor Shri D. S. Sadre.

( 2 ) P. W. 1 Shri Umar is a Food Inspector of Belgaum Municipality and it is the case of the prosecution that on 8-9-1964 the Food Inspector Mr. Umar went to the tea shop of the accused known as "madhavashram' to take sample of milk at about 7 a. m. , he found two vessels containing 15 seers of milk in one and 10 seers of milk in the other in the kitchen; the Inspector demanded 660 milli-litres of cold milk from accused No. 1 and accused No. 1 sold the same and took 45 paise only as its price; the Food Inspector obtained a receipt for having pai

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