STATE OF GUJARAT Vs. NEHALKUMAR NARSIBHAI KATARMAL (VENDOR)

JUDGEMENT

(1.) THE appellant -State of Gujarat, has preferred this Appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 13th January 1998 passed by the learned Chief Judicial Magistrate, Jamnagar, in Criminal Case No. 6072 of 1996, whereby the learned Magistrate has acquitted the respondents -accused of the charges levelled against them.

(2.) THE short facts of the prosecution case is that the complainant, Food Inspector, visited the business place of accused No. 3 on 29th June 1996. It is also the case of the complainant that at that time accused No. 1 was present and was doing business. The complainant had taken sample of Black Pepper after paying consideration and sent the same for analysis to the Public Analyst, Rajkot. On examination, the Public Analyst found that the said sample was not upto the standard as prescribed and it was adulterated. The accused No. 3 is the Firm, accused No. 2 is the owner of the accused No. 3 and accused No. 1 is the vendor. Thereafter, after obtaining necessary permission, the Food Inspector filed case in the court of learned Magistrate.

(3.) THEREAFTER the trial was conducted before the learned Magistrate. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence. After considering the oral as well as documentary evidence, the learned Magistrate has acquitted the respondents -accused from the charges alleged against them by the judgment and order dated 13th January 1998.