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1992 Supreme(Guj) 219

A.N.DIVECHA
BHANUBHAI V. KHUNTI – Appellant
Versus
P. S. SHARMA – Respondent


Advocates Appeared: K.M.PATEL, K.N.VALIKARIMVALA, S.N.Soparkar, V.B.PATEL

DIVECHA, J.

( 1 ) IDENTICAL questions of law and fact arise in both these revisional applications directed against the judgment and order of conviction passed by the learned Metropolitan Magistrate of Court No. 8 at Ahmedabad as affirmed in appeal by the learned Additional Sessions Judge of Court No. 7 at Ahmedabad. With the consent of the learned Advocates for the parties appearing before me, I have thought it fit to hear both these revisional applications together and to dispose them of by this common judgment of mine.

( 2 ) THE facts giving rise to both these revisional applications are not many and not much in dispute. The petitioner herein was working at the relevant time as the Quality Control Officer in one Abad Dairy in Ahmedabad. On 26/05/1981 the original complainant went to the Abad Dairy and he found that the packing and distribution of milk in milk pouches was being carried on. He found the petitioner present in the Abad Dairy at the relevant time. A person was summoned to act as a panch witness. In his presence the petitioner herein was asked about the price of milk. The original complainant purchased from the petition.-r herein some two milk bottles of 500 milligrams













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