STATE OF GUJARAT Vs. KUMUDCHANDRA VASANTLAL SETH

JUDGEMENT

(1.) The present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 12/3/1993 passed by the learned Judicial Magistrate First Class, Himmatnagar in Criminal Case No. 2325 of 1991 whereby the accused persons were acquitted of the charges under Sections 2, 7 and 16 of the Prevention of Food Adulteration Act, 1954 leveled against them.

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

(3.) It was contended by learned APP Mr. Maulik Nanavati that the judgment and order of the learned Judicial Magistrate First Class, Himmatnagar is not proper, legal and it is erroneous. He has submitted that the Court below 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-accused. Learned APP has also taken this Court through the oral as well as the entire documentary evidence. He submitted that the prosecution witness had clearly deposed in his deposition that the respondent accused were found committing offence punishable under Section 2, 7 and 16 of the Prevention of Food Adulteration Act, 1954. He further submitted that there was no reason for the learned Magistrate to disbelieve the prosecution case and to acquit the respondent.