STATE OF GUJARAT Vs. BHARATBHAI FULJIBHAI

JUDGEMENT

(1.) The appellant has preferred this Appeal under Section 378 of the Code of Criminal Procedure, 1973 against the Judgment and Order of acquittal dated 27th February 2004 passed by the learned Additional Sessions Judge, Dhrangadhra, in Criminal Appeal No.07 of 2002 for the offences punishable under the Prevention of Food Adulteration Act, 1954, whereby the learned Sessions Judge has set aside the judgment and order 11th September 2002 passed by the learned Judicial Magistrate First Class, Halvad, in Criminal Case No.447 of 1996 and acquitted the respondentsoriginal accused from the charges levelled against them.

(2.) The short facts of the prosecution case is that on 09th May 1996 the Food Inspector visited the shop of respondent nos.1 and 2. The Food Inspector purchased iodised Salt (Maruti Brand (Packed)) manufactured by the respondent no.3 after paying consideration. It is also the case of the prosecution that after following due procedure of sealing, the sample was sent to the Public Analyst for analysis. On examination, the Public Analyst declared the said sample as misbranded. Therefore, after following the due procedure, complaint came to be filed against the respondents-accused in the Court of learned Judicial Magistrate First Class, Halvad for the offences under Sections 2(1)(a)(M) and 2(9)(k), 7(1)(4) and 16 of the Prevention of Food Adulteration Act, 1954.

(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 by his judgment and order dated 11th September 2002 held the respondentsaccused guilty of the offences levelled against them and ordered to undergo imprisonment for one year and fine of Rs.2,500/- i/d to undergo imprisonment for further three months.