STATE OF GUJARAT Vs. MANUBHAI RAMANBHAI PATEL

JUDGEMENT

(1.) The present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 11,12.2009 passed by the learned 2nd Additional Judicial Magistrate, First Class, Gandhinagar, in Criminal Case No.362/2006, whereby the accused has been acquitted of the charges levelled against him.

(2.) The brief facts of the prosecution case are that the accused was doing business in the name and style of M/s Mahashakti Dairy and Parlour and selling milk and milk products. It is the case of the prosecution that on 11.5.2005 at about 9.00 a.m., while the accused was selling milk products, at that time complainant visited the said shop and found that in the deepfreeze about eight carbo containing mango-shake of 160 kg. After obtaining necessary permission, a notice in the prescribed Form No.6 as per Rule 12, came to be issued to the accused. Thereafter, complainant purchased 750 grams of mango shake. The complainant has obtained the signature of the accused in this respect. A sample of mango shake was stored in three air-tight, cleaned and smell-less bottles and sealed. After following due procedure of law, a panchnama was drawn in presence of panchas and obtained signatures of panchas. Thereafter, he sent the sample to the Public Analyst for analysis and it was opined that a sample of mango shake is adulterated under the provisions of PFA Act as it contravenes the provisions of Rule 29 of PFA Rules. On the basis of the report of Public Analyst, a complaint came to be filed in the Court of 2nd Additional Judicial Magistrate, First Class, being Criminal Case No.362 of 2006.

(3.) To prove the case against the present accused, the prosecution has examined the witnesses and also produced documentary evidence.