STATE OF GUJARAT Vs. JAYESH KUMAR CHANDULAL SAKRANI

JUDGEMENT

(1.) The appellant State of Gujarat, has preferred this Appeal under Section 378(1)(3) of the Code of Criminal Procedure against the Judgment and order dated 31.07.2004 passed by the learned Additional Sessions Judge, (Fast Track Court), Surendranagar, in Criminal Appeal No. 105 of 2001, whereby the learned Judge has set aside the Judgment and order dated 07.09.2001 passed by the learned Civil Judge (SD) & Judicial Magistrate, First Class, Surendranagar in Criminal Case No. 396 of 2000 and acquitted the respondents original accused from the charges levelled against them.

(2.) The short facts of the prosecution case is that on 12.07.1999 at about 11.00 hours the complainant Food Inspector, along with Panch witness, visited the busienss place of accused and collected sample of three sealed packet of Manikchand Gutka. After following the necessary procedure, the Food Inspector sent the said sample to the Public Analyst for analysis. The Public Analyst reported that the said sample does not conform the prescribed standard and there is a breach of Rule 32(b) and 62 and declared the said sample as misbranded one. Thereafter, after obtaining necessary sanction the Food Inspector filed complaint against the respondents accused in the Court.

(3.) Thereafter the trial was conducted before the learned Magistrate. The prosecution has examined the witnesses and also relied upon the documentary evidence. After considering the oral as well as documentary evidence the learned Magistrate has held the respondents accused guilty for the offences charged against them. The learned Magistrate has held the original accused Nos.1 & 5 guilty of the offences charged against them and imposed fine of Rs.500/- each and also held the respondents original accused Nos.1, 2 & 4 guilty for the offences charged against them and convicted and sentenced them for three months simple imprisonment, and in-default of fine the trial Court has ordered for 15 days' simple imprisonment.