STATE OF GUJARAT Vs. MODI SHIVLAL VITHTHALDAS COMPANY

JUDGEMENT

(1.) The appellant has preferred this Appeal under Section 378 of the Code of Criminal Procedure, 1973 against the Judgment and Order of acquittal dated 15th September 2009 passed by the learned Criminal Appeal No.21 of 2007 passed by the learned Additional Sessions Judge, Fast Track Court No.2, Sabarkantha at Himmatnagar for the offences punishable under the Prevention of Food Adulteration Act, 1954, whereby the learned Sessions Judge has acquitted the respondents - accused of the charges levelled against them.

(2.) The short facts of the prosecution case is that the Food Inspector, the original complainant visited the shop of the accused in presence of the panch witnesses and Food Inspector had purchased Gita Brand Bandha Hing. It is also the case of the prosecution that after following due procedure of sealing, the sample was sent to the Local Health Laboratory for analysis. On examination, the Public Analyst found that the said sample was adulterated. Therefore, after following the due procedure, complaint was filed against the respondents - accused in the Court of learned Metropolitan Magistrate, Pratij under Section 2(9)(a), 7(2), 7(5) and 16(1)(a)(e) of the Prevention of Food Adulteration Act.

(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 of acquittal dated 5th August 2006.