STATE OF GUJARAT Vs. VIKRAM TALKCHAND GANDHI

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 7.8.2002 passed by the learned JMFC, Pardi in Criminal Case No. 1922/99, whereby the accused have been acquitted of the charges under the provisions of the Prevention of Food Adulteration Act, levelled against them.

(2.) The brief facts of the prosecution case are that the Food Inspector of Food and Drug Control, Valsad has visited M/s Vikarm Agency, respondent No.l on 16.4.1994 and he purchased Badshah Kashmiri Chilly powder for the purpose of analysis from accused. Thereafter, he sealed it and put his signature as well as signature of panch and. after following prescribed procedure, he sent it for analysis. On the sample being found adulterated, after obtaining necessary sanction filed the complaint before the Court, which was numbered as Criminal Case No. 1022/99. 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.) It was contended by Mr.II. L. Jani, learned APP that the judgment and order of the learned Magistrate is not proper, legal and it is erroneous, He has also argued that the learned Magistrate has not considered the evidence of the witnesses. He has argued that Food Inspector has followed the rules prescribed by law and he has also followed the procedure of taking the sample and the contents of Form No.6 etc are just and proper. The Badshah Kashmiri Chilly powder was seized and sealed properly. Yet, the learned Magistrate has not considered the evidence of prosecution. Therefore, the order impugned in this appeal passed by the learned Magistrate requires to be quashed and set aside.