STATE OF GUJARAT Vs. HASMUKHBHAI NEMCHAND SHAH

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 25.10.2002 passed by the learned Chief Judicial Magistrate, Ahmedabad (Rural), Navrangpura, Ahmedabad, in Criminal Case No. 1452 of 1994, whereby the accused has been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are that on 21.07.1993, at about 9.45 a.m., the complainant visited the shop of the accused along with the panchas where the complainant found that the accused had kept 2 k.g. pepper in an iron box for retail selling. The complainant, Food Inspector took the sample of pepper from the shop of the accused for the purpose of analysis. After following due procedure, the sample was sent to the Public Analyst for the purpose of analysis as per the provisions of the Act, whose report indicates that the sample is adulterated and a complaint was filed in the Court of learned Chief Judicial Magistrate, which came to be registered as Criminal Case No. 1452 of 1994 under the provisions of the Prevention of Food Adulteration Rules, 1955 (for short 'PFA Rules').

(3.) TO prove the case against the present accused, the prosecution has examined the witnesses and also produced documentary evidence.