M. C. TRIVEDI, T. U. MEHTA, J.

( 1 ) FOOD Inspector of Surat Municipal Corporation Shri U. H. Shah has filed this appeal against the order passed by the learned Additional Sessions Judge Surat in Criminal Appeal No. 89 of 1973 by which he acquitted respondent No. 1 Abdulwahab Abdulmajeed of the offence under sec. 16 (1) (a) (i) of the Prevention of Food Adulteration Act 1954 (hereinafter referred to as the Act) for contravention of sec. 7 (1) of the Act. He was prosecuted in the Court of the learned Special Judicial Magistrate First Class (Municipal) Surat for having committed the said offence on 15th May 1973 by selling 375 grams adulterated and sub-standard coconut oil to complainant Shri U. H. Shah. He pleaded not guilty to the charge and claimed to be tried. On conclusion of the trial the learned Judicial Magistrate found him guilty of the offence changed against him and sentenced him to undergo R. I. for 9 months and to pay a fine of Rs. 1 500 in default R. I. for 2 months more. There were 2 accused in that case. Respondent No. 1 was accused No. 1. The other accused was acquitted by the learned Judicial Magistrate. He was said to be a partner in the shop of accused No. 1. In th

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