STATE OF GUJARAT Vs. VENDOR SHRI KIRTIBHAI

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 30.9.1996 passed by the learned Chief Judicial Magistrate, Navsari in Criminal Case No. 2746/1989, whereby the accused has been acquitted of the charges under sec. 7(1) and 16 of the Prevention of Food Adulteration Act, leveled against him.

(2.) THE brief facts of the prosecution case are as under: 2.1 It is the case of the prosecution that on 12.1.1989 the Food Inspector has visited the shop of respondents-accused, and has taken the sample of Chilly powder. THEreafter, he purchased the same and paid the price, cash memo was taken and after following the necessary procedure, the sample was sent to the Public Analyst, Vadodara for analysis and as per the report of the Public Analyst, the sample was found to be adulterated. On these facts, the complaint was filed before the Court, which was numbered as Criminal Case No. 2746/1989 against the respondent. 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.) EVEN in a recent decision of the Apex Court in the case of State of Goa V. Sanjay Thakran and Anr. Reported in (2007)3 SCC 75, the Court has reiterated the powers of the High Court in such cases. In para 16 of the said decision the Court has observed as under: