( 1 ) ONE Mr. H. J. Raval Food Inspector of Surat Municipal Corporation filed a complaint against accused No. 1 New Saurashtra Hindu Lodge and Boarding. The allegation in the complaint is that when the Food Inspector visited the place of business of the accused No. 1 on 22nd June 1973 at 9-00 A. M. the Manager of the first accused was present and on a request made by the Food Inspector to the Manager to call the owner of the establishment accordingly Amratlal Harjivandas Joshi who is the proprietor of the first named accused the institute came over to the place of business. Thereafter the Food Inspector purchased 450 grammes of chilly powder after giving the requisite intimation to accused No. 1. He also purchased 600 grammes of curd and 450 grammes of turmeric powder and he informed accused No. I that the articles of food were purchased for analysis. Necessary panchnama was drawn up and articles of food purchased were divided into three equal parts and each part was kept in a bottle which was sealed. Sample bottle of each article was also given to accused No. 1. Food Inspector sent the samples of article;; of food taken by him to the Public Analyst. The report of the Public Analyst Exh. 20 shows that the sample of chilly powder contained a prohibited dye and was thus adulterated article of food. Similarly in the case of turmeric powder the report of the Public Analyst Exh. 21 shows that amongst others it included rice starch and therefore also it was an adulterated article of food. On these allegations prosecution after obtaining necessary sanction was launched against Amratlal Harjivandas Joshi the proprietor of the New Saurashtra Hindu Lodge and Boarding.

( 2 ) IN the course of the trial one Shashikant Amarsibhai Ajmera was cited as a defence witness by the accused and he was examined as defence Witness No. 4 for the accused at Exh. 78. It was taken out in his examination- in-chief conducted by the learned Advocate on behalf of the accused that the accused used to purchase in bulk chilly powder and turmeric powder and various other spices and condiments for his use in his business of running a boarding house namely New Saurashtra Hindu Lodge and Boarding Number of bills given by Shashikant Ajmera evidencing purchase of chilly powder and turmeric powder by the accused were got produced as well as the extracts from the account books of Ajmera in respect of the Boarding House of the accused was also got produced. After the evidence of Ajmera was over an application No. 89 was given on behalf of the complainant Food Inspector requesting the Court to join Shashikant Ajmera as accused No. 2 and frame charge against him. The learned Magistrate first issued a notice to accused No. 2 to remain present and then directed the complainant the Food Inspector to keep himself and witnesses present for cross-examination by accused No. 2 and thereafter he proceeded to pass the order. Subsequently Shashikant Ajmera was joined as accused No. 2. and charge Exh. 90 was framed against him. At the conclusion of the trial the learned Magistrate convicted accused No. 1 Amratlal Harjivandas Joshi for having committed an offence under sec. 16 (1) (a) (i) of the Prevention of Food Adulteration Act 1954 and sentenced him to suffer R. I. for six months and to pay a fine of Rs. 1 0 in default to suffer further R. I. for two months. Accused No. 2 was convicted for having committed an offence under sec. 16 (1c) of the Prevention of Food Adulteration Act and sentenced him to suffer R. I. for one month and to pay a fine of Rs. 10 in default to suffer R I. for two months. However he was acquitted of the offence under sec. 16 (1) (a) (i) of the Prevention of Food Adulteration Act.

( 3 ) BOTH the accused preferred appeals against their conviction and sentence in the court of the Sessions Judge at Surat. Criminal Appeal No. 21 of 1971 was preferred by original Accused No. 2 Shashikant Ajmera and Criminal Appeal No. 22 of 1974 was preferred by the o