after that the companyplainant it was alleged asked for some til seeds.
he said that the inspector i.e. the companyplainant sealed the packets and that the witness signed the packets.
the presidency magistrate after examining the whole evidencehad companycluded that the version of the appellant that there was a tall about the actual purpose for which the til seeds at his shop were meant was more probable because it was supported by what the appellant had written on the cash memo when he sold these til seeds o the food inspector.
he deposed that there was some talk between the complainant and the accused the companyplainant was then said to have companye up to and told this witness that he would be taking some companymodity from the jar which would be sent for analysis.
his cross examination showed that he companyld remember numberhing material.
under crossexamination.
after all the appellant who had a grain shop must have knumbern that the food inspector companyld prosecute him if he kept adulterated foodstuffs for sale for human consumption.
if as the analysts report showed these black til seeds were full of companyoons visible to the naked eye numberody companyld be expected to purchase them for companysumption as food.
it is number true that the accused told me that he had only black tils used for pooja.
b. wad and m. n. shroff for the respondent.
appeal by special leave from the judgment and order dated the 17th february 1971 of the bombay high companyrt in criminal appeal number 1371 of 1969.
he said he only thinks that he signed it.
he deposed cash memo was prepared by some persons in the shop.
he said that he saw the complainant pick up a jar open it.
16 1 a 1 of the same act and within my companynizance.
thereupon according to this witness some persons in the shop found til seeds in three plastic bags and gave the bags to the inspector.
he admitted that numbersignature of the witness was obtained on the companynterfoil of the cash memo.
the real dispute on facts revolves round the question whether the black tils were sold to the food inspector specifically for the purpose of pooja after the accused had told him that they were number meant for human companysumption or they were sold without giving such information to the food inspector.
he said that he himself divided this quantity into 3 parts each of which was put into a separate plastic bag and then sealed and labelled by him.
criminal appellate jurisdiction criminal appeal number 119 of 1971.
til seeds were kept was quite immaterial.
and look at its contents.
even after making every possible allowance for a memory which companyld fade with lapse of time his version was extra ordinarily nebulous and numbercommittal.
k indicates that tambe was probably number present at the time when the seeds were sold by the appellant to the food inspector.
he stated black tils can be used for human consumption.
the accused appellant denied the presence of tambe and asserted that the had clearly told the food inspector that the black tils in his shop were only meant for pooja and number for human companysumption.
to almost every question under crossexamination his answer was that he does number remember.
to a shop to make purchases without giving either the name of the shop or approximate date or time of his visit.
he did number even remember who made the cash memo and whether anyone signed it in his presence.
1 a businessman said that he had gone.
p. tambe p.w.
it is number companyrect to say they are used only for pooja.
he claimed to have obtained the signatures of the accused in the presence of tambe whom he described as the independent witness tambe.
in order to judge whether the food inspectors version or the accuseds explanation was more credible it became necessary to examine the evidence of the only witness produced to companyroborate the food inspector.
the accused produced numberwitness in defence.
the principal witness in the case was s. p. gayadhani w 2 the prosecuting food inspector?
who stated that after having gone into the grocery shop at 731 hill road bandra he disclosed his identity to the accused and demanded 450 grams of til seeds for which he paid rs.
apparently as the inspector wanted to buy these til seeds despite this information given to him the accused sold them to him and signed the necessary papers.
inspector paid money to accused number i accused number i was with the inspector all the while.
the two witnesses produced to support this charge were p tambe and s. p. gaydhani.
he said that he took the signatures of tambe on the cash memo but number on the packets although he had deposed in his examination in chief that tambe had signed the sealed packets also incidentally the seals of the packets were found broken due to what the inspector described as handling.
the judgment of the companyrt was delivered by beg j. the appellant was charged in the companyrt of presidency magistrate of bombay as follows that you on 3 12 1968 at 8 a.m. at bandra in contravention of provisions of section 2 1 f and 7 i of the prevention of food adulteration act sold 450 grams of til seeds to the food inspector and that the til seeds were unfit for human companysumption and thereby committed an offence under sec.
under cross examination he said that he did number knumber whether it was a foodgrain shop.
s. nariman k. j. john and shri narain of m s j. b. dadachanji company for the appellant.
