FOOD INSPECTOR Vs. SUSHIL GUPTA

JUDGEMENT

(1.) The respondent stood trial in the court of Metropolitan Magistrate on the complaint instituted by the petitioner on 29.11.2002 (Ex.PW-1/O), it having been registered as Complaint Case No.226/2002 on the allegations of he having committed offences punishable under section 16 of the Prevention of Food Adulteration Act, 1954. The trial ended in judgment dated 18.08.2010 whereby the respondent was acquitted.

(2.) The petitioner had first brought a challenge by way of criminal appeal no.147/2010 invoking section 378 (1) (a) of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the Sessions Judge. The said appeal, however, was transferred to this court and has been treated as a petition for leave to appeal under Section 378(4) Cr.P.C., 1973 On notice, the respondent has appeared through counsel.

(3.) Learned Additional Public Prosecutor representing the petitioner and the learned counsel for the respondent have been heard at length and the trial court record has been perused.