STATE OF GUJARAT Vs. MANSUKHBHAI MOHANBHAI HAVADIYA

JUDGEMENT

(1.) The present appeal, under Section 378( 4) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 31.3.2009 passed by the learned Judicial Magistrate, First Class, Rajkot, in Criminal Case No.8879 of 2003, whereby the learned Magistrate has acquitted the respondent-accused from the charges alleged against him.

(2.) The short facts of the prosecution case is that the complainant, Food Inspector visited the shop of the respondent-accused and purchased the sample of "loose Sev" for the purpose of analysis and after following the due procedure sent the same to the Public analyst, for analysis. In the Report the Public Analyst found that the sample was adulterated. Thereafter, on the basis of report, after obtaining necessary sanction the complainant filed complaint against the respondent-accused.

(3.) Thereafter the trial was conducted before the learned Magistrate. The prosecution has examined the witnesses and also relied upon the documentary evidence. After considering the oral as well as documen-tary evidence the learned Magistrate has acquitted the respondent-accused from the charges alleged against him, vide judgment and order dated 31.3.2009.