STATE OF GUJARAT Vs. SHAH THAKORELAL CHUNILAL

JUDGEMENT

(1.) THE present appeal, under Section 378(1)(3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 28.3.2000 passed by the learned Judicial Magistrate, First Class, Dabhoi, in Criminal Case No. 622 of 1992, whereby the accused have been acquitted from the charges leveled against them.

(2.) THE brief facts of the prosecution case are as under:

(3.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order passed by the learned trial Court the appellant has preferred the present appeal. It was contended by learned APP Mr. Jani that the judgment and order of the trial Court is against the provisions of law; the trial Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this Court through the oral as well as the entire documentary evidence. He also contended that the order passed by the learned Judge is contrary to the evidence on record as well as settled position of law. The learned trial Judge has not considered the material aspect that the complainant took the sample of Iodized salt from the respondent accused, which was sent for public analysis and as per the report of analyst, it was found adulterated. The sample taken by the complainant in the container, which was clean and dry and therefore, there is no breach of Rule 14 of the Prevention of Food Adulteration Act. He also contended that the learned trial Judge has not properly appreciated the evidence of the complainant as well as other witnesses. Therefore, the order is required to be quashed and set aside.