STATE OF GUJARAT Vs. CHATUBHAI RANCHODBHAI GARI

JUDGEMENT

(1.) The appellant - State of Gujarat, has preferred this Appeal under Section 378(1)(4) of the Code of Criminal Procedure against the Judgment and order dated 29.08.2009 passed by the learned Additional Sessions Judge, Fast Track Court, Dahod, in Criminal Appeal No. 46 of 2004, whereby the learned Judge has set aside the Judgment and order dated 15.1.2002 passed by the learned Judicial Magistrate, First Class, Dahod in Criminal Case No. 596 of 1989 and acquitted the respondent - original accused from the charges levelled against him.

(2.) The short facts of the prosecution case is that the complainant - Food Inspector had gone for checking of milk and at that time the accused was found selling milk. The complainant had purchased the milk and stored in the three different glass bottles and sealed in presence of Panch witness and thereafter slip was tagged on the said bottles. The panchnama was prepared and thereafter one part of sample was sent to Public analyst, Vadodara and two part of said sample was sent to LHO. The Report from the Public Analyst, Vadodara, was received in which the milk was found adulterated. Therefore, the case was filed and summons was issued to the respondent - original accused. The charge was framed against the accused and trial was conducted. At the end of trial the learned Magistrate has held the respondent - original accused guilty for the offence under Section 16(1)(A)(1)(2) of the Prevention of Food Adulteration Act and sentenced him to suffer RI for one year and to pay fine of Rs.2,000/- i/d to suffer imprisonment for three months.

(3.) Against the said Judgment the respondent - accused had preferred Criminal Appeal No. 46 of 2004 before the Sessions Court. The said Appeal was heard by the learned Additional Sessions Judge, Dahod. The learned Judge, after hearing the parties, set aside the Judgment and order of learned Judicial Magistrate, First Class, Dahod, vide Judgment and order dated 29.08.2009.