Indira Jain, J.

This Revision Application takes an exception to the judgment and order dated 17-02-2011 passed by the learned Sessions Judge, Bhandara in Criminal Appeal No. 23 of 2009 and judgment and order dated 18-04-2009 passed by the leaned Chief Judicial Magistrate, Bhandara in Regular Criminal Case No.228 of 2005.

2. For the sake of convenience applicant is referred as an 'accused' and respondent as 'prosecution' in their original status as were referred before the trial and appellate Courts.

3. The prosecution case briefly stated is as under :-

Complainant was appointed as Food Inspector. On 09-09-2005 he visited M/s Sindh Kirana Stores at Bada Bazar, Bhandara. Accused was dealing in edible oil and other grocery articles on wholesale and retail basis. During inspection of the shop complainant found 40 packed tins each tin weighing 15 Kg. of groundnut oil (Royal Gold Brand Mungfalli Tel). Two barrels containing refined Soyabean oil each having 180 Kg. oil were also found stored for sale. In the present case controversy is in respect of 40 packed tins of groundnut oil. So far as Soyabean barrels are concerned separate prosecution was launched and accused was acquitted o