STATE OF GUJARAT Vs. DOSHI NAVINBHAI AMULAKHABHAI

JUDGEMENT

(1.) This appeal, under Section 378 of the Code of Criminal Procedure, is preferred by the State against the order of acquittal dated 10.02.1993 passed by the learned Sessions Judge, Banaskantha, Palanpur in Criminal Appeal No.46 of 1988, by which the judgment and order of the learned J.M.F.C., Tharad in Criminal Case No.600 of 1988, convicting the accused of the offences punishable under Section 16(1)(C) of the Prevention of Food Adulteration Act (for short, the 'Act') and sentencing him to undergo simple imprisonment for one year and to pay fine of Rs.1000/-, in default, to undergo further period of simple imprisonment for three months, came to be set aside.

(2.) Learned A.P.P. Ms.C.M. Shah for the State contended that reversal of the order of the learned J.M.F.C. of sentencing the accused for the offence under the Act by the Appellate Court is contrary to the evidence on record and the learned Appellate Judge erred in disbelieving any evidence of the complainant Food Inspector and specific deposition that the accused had refused to give samples of milk and curd and thus, prevented the Officer under the Act to perform his duties. It is further submitted that above approach of the Appellate Court is erroneous and deserves to be quashed and set aside.

(3.) Learned advocate Mr.Depen Desai for the respondent/accused submitted that the Appellate Court has rightly arrived at conclusion that the learned J.M.F.C. had ignored the evidence on record and, on the contrary, the prosecution could not prove, beyond reasonable doubt, its case about offences alleged and even panchas had also not supported the case of the prosecution. It is further submitted that no evidence surfaced on record about the accused had bolted and locked the shop and, therefore, awarding sentence by the learned J.M.F.C. was illegal.