STATE OF GUJARAT Vs. BASHIR AHMAD MIYA AHMAD

JUDGEMENT

(1.) THE appellant has preferred the present Appeal under Section 378 of the Code of Criminal Procedure, 1973 against the Judgment and Order of acquittal dated 24th February 1993 passed by the learned Chief Judicial Magistrate, Himmatnagar, in Criminal Case No.915 of 1992 for the offences punishable under the Prevention of Food Adulteration Act, 1954, whereby the learned Magistrate has acquitted the respondent-accused of the charges levelled against him.

(2.) THE short facts of the prosecution case is that the appellant is serving as Food Inspector. It is the case of the complainant that on 25th February 1992 at about 14:00 hours, the complainant visited the shop of the respondent along with his assistant and had taken 900 gms. of colour biscuits as sample after paying consideration. It is also the case of the complainant that sample was taken in presence of panch witness. It is also the case of the prosecution that after following due procedure of sealing, the sample was sent to the Public Analyst, Rajkot for analysis. On examination, the Public Analyst found that the said sample was adulterated and is not as per the standard prescribed under the Prevention of Food Adulteration Act. THErefore, after following the due procedure, complaint was filed against the respondent-accused in the Court of learned Chief Judicial Magistrate, Himmatnagar for violation of Prevention of Food Adulteration Act.

(3.) HEARD Mr. H.H. Parikh, learned Additional Public Prosecutor for the appellant-State. I have also gone through the papers and the Judgment and Order passed by the learned Magistrate.