JUDGMENT - P.S. SHAH, J.:---The respondent, Gangadhar Abarao Mankape, who gave his occupation as student, was tried along with another accused by the Judicial Magistrate, First Class, Aurangabad, for offences punishable under sections 10(1) read with 16(1)(c) and (1)(d) of the Prevention of Food Adulteration Act. The case against the respondent was that he was a servant of M/s. Jansewa Milk Dairy belonging to accused No. 2 and that he was found selling buffalos milk near Maroti Temple at Padampura in Aurangabad. The Food Inspector along with two panchas visited the place at about 7.15 a.m. on July 6, 1977. It is alleged that accused No. 1 respondent who was then found selling milk refused to sell sample of milk to the Food Inspector who demanded the same from accused No. 1. According to the prosection, this amounted to preventing the Food Inspector from purchasing the sample and offences punishable under sections 10(1) read with sections 16(1)(c) and (1)(d) of the Prevention of Food Adulteration Act.

2. On a consideration of the evidence, the learned Magistrate found the respondent guilty of the aforesaid offences on his recording a finding that the respondent refused to sell the mi

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