STATE OF GUJARAT Vs. VIPULKUMAR CHAMPAKLAL DUDHIYA

JUDGEMENT

(1.) The appellant, State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure challenging the order of acquittal dated 31st July,2009 passed by the Metropolitan Magistrate, Court No.6, Ahmedabad in Criminal Case No.3512 of 2008 acquitting the respondent-accused hereinabove of the charge of committing offence punishable under Section 16 (1) of the Prevention of Food Adulteration Act,1954 (hereinafter referred to as the "PFA Act" for the sake of brevity).

(2.) The appellant had taken out an application being Criminal Misc. Application No.144 of 2010 for seeking leave. While granting leave, this Court on 16.4.2010 had ordered calling for Record & Proceedings before admitting the appeal as there were glaring infirmity noticed in the judgment on the part of the prosecution and Court wanted to verify the same and if the infirmities are born out by the record, then admission of the appeal itself should have been of no use.

(3.) Accordingly, today after hearing the learned advocates for the parties and perusing the original record and proceedings, this Court is of the view that the appeal does not deserves to be admitted for the following reasons: