(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 03.10.2009 passed by the learned Judicial Magistrate, First Class, Shinor in Criminal Case No.469 of 1989, whereby the accused have been acquitted of the charges under sections 7(1), 16(1)(A)(2) and 16(G). of the Prevention of Food Adulteration Act, leveled against them.
(2.) The brief facts of the prosecution case are as under: 2.1 It is the case of the prosecution that Food Inspector has visited the shop of respondent No.1 at village : Anandi, Taluka : Shinor, District: Vadodara and in the presence of panchas, drawn sample of Sajni brand groundnut oil from sealed pack condition tin, which was kept in his shop for the purpose of sale. The said groundnut oil was packed with a tin sticker and the words Sajni Pure Groundnut Oil were printed on the said ticker. The name of the manufacturer of groundnut oil was also printed on the sticker as Ramesh Oil Mill, Champrajpur, Jetpur (Saurashtra). Thereafter, he sealed it and put his signature as well as signature of panch and after following prescribed procedure, he sent it for analysis to the public Analyst. Since the Public Analyst opined that the sample of groundnut oil did not conform to the standards prescribed under the Act. On the sample being found adulterated, after obtaining necessary sanction filed the complaint before the Court, which was numbered as Criminal Case No. 469 of 1989. Since the Court granted the request of respondent No.2 for re-analysis of the sample, the said sample was sent to C.F.L., Gaziabad for analysis. The C.F.L. Gaziabad also opined that the sample of groundnut oil did not conform to the standards prescribed under the Act. At the time of trial, evidence was led before the trial Court. The documents were produced and oral evidence of the witnesses were also recorded by the trial Court and after considering the oral as well as documentary evidence, the learned Magistrate has passed the order of acquittal which is impugned in this appeal.
(3.) Heard Ms.Mini Nair, learned APP for the appellant State, Mr.Nehal R. Joshi, learned advocate for the respondent No.1 and Ms.Archna Raval, learned advocate for the respondent No.2.