MAHENDRA CHIMANBHAI BHATT Vs. HASMUKHLAL JAMNADAS KADHIWALA

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 4.12.2000 passed by the learned Judicial Magistrate, First Class (Municipal Court), Surat, in Prevention of Food Adulteration Case No. 13 of 1996, 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 'Besan' 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 misbranded under the provisions of the Prevention of Food Adulteration Act. Therefore, 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 documentary evidence the learned Magistrate has acquitted the respondent - accused from the charges alleged against him, vide Judgment and order dated 4.12.2000.