S S MAKWAN Vs. SURESHBHAI JOITARAM 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 18.12.2008 passed by the learned Metropolitan Magistrate, Court No.6, Ahmedabad in Criminal Case No.19 of 2005, whereby the accused have been acquitted of the charges under setions 7(1) and 16(1)(A) of the Prevention of Food Adulteration Act, leveled against them.

(2.) The brief facts of the prosecution case are as under: 2.1 It is the case of the prosecution that Food Inspector has visited shop namely Ronak Anaj Bhandar, situated at Opp.State Bank, Kabir Chowk, Sabarmati, Ahmedabad. The respondent No.1-accused was doing business. In presence of panch witness, the appellant inspected the shop. The appellant thereafter inquired about the food product lying in the shop to which the accused replied that the said article was Sabu dana kept in packet of 500 Grams. The appellant purchased 500 Grams of Rs.57/- in cash. The appellant kept the samples in three separate clean, neat and hygienic box and packed the samples airtight by following the procedure. Thereafter, he sealed it and put his signature as well as signature of panch and after following prescribed procedure, he sent it for analysis. On the sample being found adulterated, after obtaining necessary sanction filed the complaint before the Court, which was numbered as Criminal Case No.19 of 2005. At the time of trial, evidence was led before the trial Court. The documents were produced and oral evidence of the witnesses were also recorded by the trial Court and after considering the oral as well as documentary evidence, the learned Magistrate has passed the order of acquittal which is impugned in this appeal.

(3.) Heard Ms.Shaili a. Kapadia, learned advocate for the appellant and Mr.D. C. Sejpal, learned APP for the respondent No.7 State.