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1977 Supreme(Bom) 232

C.T.DIGHE
State of Maharashtra – Appellant
Versus
Jethalal Devshi and others – Respondent


JUDGMENT - C.T. DIGHE, J.:---These two Revision Applications have been preferred by the State of Maharashtra, against the Order of the Metropolitan Magistrate, 17th Court, Mazagaon, Bombay, discharging the accused. A common judgment has been written by the learned Magistrate, and the Revision Applications can also be disposed of by a common judgment.

2. The respondents in both the Revision Applications are the same. The 8th respondent is a firm of Messrs. Jethalal Nemchand and the other seven respondents the partners of that firm. Food Inspector Bhojraj visited this firm on 9-1-1973 at about 3 p.m. and purchased four samples of chilly seeds of different varieties. The two Revision Applications arise out of two samples : one of chilly seeds (Ghati) and the other chilly seeds (Punjab), collected for the purpose of analysis. The report of the Public Analyst, Exhibit F in the Court below, shows that on visual examination, living weevils and living larvae were present in the samples, and as such the Public Analyst expressed opinion that the samples were adulterated under section 2(i)(f) of the Prevention of Food Adulteration Act, 1954. After obtaining the sanction for prosecution the res










































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