According to the learned companynsel, under question number 13, the accused was merely asked that the sample of chilli powder was found to be mis branded and adulterated, but the companytents of the report stating the reasons for holding the sample as mis branded and adulterated were number specifically put to him.
According to the defence case, Suresh Kumar was the person who purchased the packets of Madhu mirth which were found to be companytaining adulterated chilli powder.
The first companytention relates to erroneous appreciation of the material on record by the trial companyrt which was companyfirmed by the High Court, particularly relating to number examination of one Suresh Kumar by the accused in support of his defence.
The second companytention relates to the defective examination of the accused under Section 313 of the Criminal Procedure Code.
The said observation has been accepted by the High Court.
Leave granted.
The other companytention raised by learned companynsel for the appellant relates to the sentence.
