ORDER: - The petitioners were tried for the offence punishable under S. 7(1) read with S. 16 for contravening S. 2(ia)(a)(m) of the Prevention of Food Adulteration Act, 1954 - hereinafter referred to as "the Act" and petitioner No. 1 was convicted and sentenced to suffer simple imprisonment for six months and to pay a fine of Rs. 1000/- or in default of payment of fine to suffer further S. I. for three months. The Petitioner No. 2 (accused No. 4) was convicted for the said offence read with S. 17 and was sentenced to pay a fine of Rs. 1500/-. The order of conviction and sentence passed by the Sessions Judge is dated Feb. 10, 1983.

2. M/s. Virumal Parmanand and Company is a partnership firm carrying on business in grocery articles at Shirpur, district Dhule. The petitioners and original accused Nos. 2 and 3 who are acquitted by the Sessions Court, were the partners of the firm. On Dec., 26, 1979 at about 10.00 a.m. the complainant-Food Inspector went to the shop of Petitioner No. 1 and apprised him that he had come for taking the sample. He took a round in the shop premises and found that there was some black pepper (Kali Miri) stored in a open gunny bag. The complainant ask