JUDGMENT - R.A. JAHAGIRDAR, J.:---The several irregularities in the prosecution out of which the present appeal arises cannot be appreciated unless the facts are stated in at least chronological order first.

2. On 23rd July, 1973 the Food Inspector of Kolhapur purchased 600 grams of chilli powder from a restaurant called Hotel Kalpana and Lunch Home, situated on Subhash Road at Kolhapur. One Gopal Achanna Shetty was the proprietor of the said establishment and one Srinivas Subrao Shenvi, the respondent in this appeal, was said to be the person in charge of the said restaurant. Obviously it means that the present respondent was a servant of Gopal Ayhanna Shetty, the proprietor of the restaurant. The chilli powder which was purchased by the Food Inspector was, as usual, divided into three equal parts and one sample of 200 grams was sent to the Public Analyst whose report shows that the sample examined by him contained extraneous colour thus bringing the adulteration of the sample within the meaning of section 2(i)(j) of the Prevention of Food Adulteration Act. On the basis of this report and indeed by incorporating the contents of this report, the Food Inspector filed this complaint w

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