STATE OF GUJARAT Vs. JAYANTILAL A MODI

JUDGEMENT

(1.) THE appellant has preferred the present Appeal under Section 378 of the Code of Criminal Procedure, 1973 against the Judgment and Order of acquittal dated 05th June 1993 passed by the learned Judicial Magistrate First Class, Kalol, in Criminal Case No.3304 of 1990 for the offences punishable under the Prevention of Food Adulteration Act, 1954, whereby the learned Magistrate has acquitted the respondent-accused of the charges levelled against him.

(2.) THE short facts of the prosecution case is that the appellant is serving as Food Inspector. It is the case of the complainant that on 18th July 1990 at about 09:15 hours, the complainant visited the shop of the respondent and had taken 750 gms. of sweet mava as sample after paying consideration. It is also the case of the complainant that sample was taken in presence of panch witness. It is also the case of the prosecution that after following due procedure of sealing, the sample was sent for analysis. On examination, the Public Analyst found that the said sample was adulterated and is not as per the standard prescribed under the Prevention of Food Adulteration Act. THErefore, after following the due procedure, complaint was filed against the respondent-accused in the Court of learned Judicial Magistrate First Class, Kalol for violation of Prevention of Food Adulteration Act.

(3.) HEARD Mr. H.H. Parikh, learned Additional Public Prosecutor for the appellant-State. I have also gone through the papers and the Judgment and Order passed by the learned Magistrate.