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1980 Supreme(Bom) 122

WAIKAR, PALSHIKAR
State of Maharashtra – Appellant
Versus
Zamandas Vansimal Paryan – Respondent


Advocates appeared:
V.V. Naik, Asst. Govt. Pleader, for Appellant in both the Appeals; N.R. Kanhe, for Respondent in both the Appeals.

Judgement

WAIKAR, J.:- These appeals are preferred by the State against the acquittal of the respondent who is common. The respondent was prosecuted for selling adulterated articles namely chilli powder (In Criminal Case No. 6525/73 giving rise to Criminal Appeal No. 245 of 1977) and Bundi Ladu (in Criminal Case No. 6526 of 73) giving rise to Criminal Appeal No. 30 of 1979. Both these cases were tried together, common evidence was recorded and both the cases were disposed of by common judgement by the learned Magistrate acquitting the respondent.

2. The respondent runs a hotel known as Azad Bharat Hindu Hotel, within the limits of Nagpur Municipal Corporation. On 27-6-1973, the Food Inspector visited this hotel and purchased 500 gms. of Bundi Laddu and 600 gms. of chilli powder from the respondent. The respondent sells, food products, which include Bhajie, Aluwada, Bundi Laddu, etc.. The quantity of Bundi Laddu and Chilli so purchased were sampled as per rules by the Food Inspector in the presence of the respondent and the witnesses. One portion of each sample was sent by him to the Public Analyst for analysis. The report of the Public Analyst showed that the chilli powder was adulte

























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