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2004 Supreme(Bom) 151

A.M.KHANWILKAR
State of Maharashtra – Appellant
Versus
Popat Panachand Shah & another – Respondent


JUDGMENT - KHANWILKAR A.M., J.:---This Appeal is against judgment and order dated March 11, 1987 in Regular Criminal Case No. 26 of 1984, acquitting the respondents of the offences punishable under section 16 read with section 17 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act). The prosecution case is that the complainant P.W. 1 H.B. Jadhav, Food Inspector along with P.W. 2 Dilip E. Chivate visited the shop of respondents and collected a sample of tea powder from accused No. 1 for the purpose of test and analysis after disclosing the identity of P.W. 1 and the purpose of visit. Accused No. 1 sold tea powder weighing 450 grams for Rs. 9/-, which was purchased by P.W. 1, for which, the accused No. 1 issued receipt on the letterhead of Swastik Machinery Stores (Exhibit 19). The said receipt bears signature of the panch P.W. 2. The complainant P.W. 1 gave Form No. VI as well as notice under section 14-A of the Act. The tea powder sample purchased from the accused No. 1 was divided in three equal parts and each part was kept in separate dry, clean and empty polythene bag, whereafter, it was sealed by fire of candle. Each sample part was kept in a se

































































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