STATE OF GUJARAT Vs. GULAM HUSEN SUNDERJI

JUDGEMENT

(1.) The appellant State of Gujarat, has preferred this Appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 10th April 1996 passed by the learned Judicial Magistrate First Class, Maliya camp at Morbi, in Criminal Case No.114 of 1989, whereby the learned Magistrate has acquitted the respondents/accused of the charges levelled against them.

(2.) The short facts of the prosecution case is that the complainant, Food Inspector, visited the business place of the accused No. 1 on 28th July 1989 and has taken 'Tikdi Kattha' as sample after paying consideration and sent the same for analysis to the Public Analyst. Bhuj. On examination, the Public Analyst by its report dated 18th September 1989 found that the said sample was not upto the standard as prescribed. Thereafter, after obtaining necessary sanction from the Local Health Authority, Rajkot. the Food Inspector filed case against the accused in the court of learned Magistrate.

(3.) Thereafter the trial was conducted before the learned Magistrate. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence. After considering the oral as well as documentary evidence, the learned Magistrate has acquitted the respondents-accused from the charges alleged against them by the judgment and order dated 10th April 1996.