STATE OF GUJARAT Vs. BHARAT KUMAR KESHAVLAL BHATT

JUDGEMENT

(1.) Heard Ms. Shah, learned Additional PP for the appellant State of Gujarat.

(2.) The application for Leave to Appeal under Section 378(4) of the Criminal Procedure Code is preferred alongwith Criminal Appeal assailing the order of acquittal dated 10.9.2009 passed by the learned Chief Judicial Magistrate, Jamnagar in Criminal Case No. 2736 of 1996 below Ex. 64 acquitting the present respondents/ original accused of the charge of committing offence under Sections 7(1) and 16(a)(ii) of the Prevention of Food Adulteration Act, 1954.

(3.) The concerned Food Inspector, at the relevant time in discharge of his duties, visited' the shop of respondents on 6.4.1995. The Food Inspector after informing his intention to collect the sample for examination, purchased 'Shrikhand' and after following the procedure, sent one part of the sample to public analyst and as the report came indicating that the sample was not in conformity with the standards, the complaint came to be lodged. It is important at this stage to be noted that the Food Inspector, who did the formalities of sending, packing and dispatching the samples to the concerned authority, was not available for trial on account of his demise during the pendency of the trial. The another Food Inspector namely Shri Kher in place of the original Food Inspector Shri Mogal has deposed. The panch did not support the case of prosecution. The Court therefore, came to the conclusion that prosecution failed in establishing its case and recorded acquittal vide its order dated 10.9.2009, which is "impugned in this Appeal and Leave to Appeal.