STATE OF GUJARAT Vs. HIND STORES

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 09.10.2009 passed by the learned Judicial Magistrate, First Class, Court No.2, Vadodara in Criminal Case No.2704 of 1998, whereby the accused have been acquitted of the charges under sec. 2(1-A)(A)(B), and 7(1)(v)(9) of the Prevention of Food Adulteration Act, leveled against them.

(2.) The brief facts of the prosecution case are as under: 2.1It is the case of the prosecution that Food Inspector has visited the place of accused No.1 situated at Raj Mahel Road, Vadodara in the name and style of M/s.Hind Stores. The accused No.2 was found dealing in pan masala. The complainant identified himself as a Food Inspector and after giving intimation in Form No.6, purchased muddamal sample of Pan Parag Pan Masala in presence of panchas. Thereafter, complainant divided said sample in three equal parts and after completing formalities of packing, he sealed it and put his signature as well as signature of panchas 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.2704 of 1998. 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 Mr.D. C. Sejpal, learned APP for the appellant State and Mr.D. K. Modi, learned advocate for the respondents.