STATE OF GUJARAT Vs. MAHIJIBHAI FATEHSINBHAI PATEL

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the State, under Section 378 of Cr. P.C., against the Judgment and order dated 30.8.1996, rendered in Criminal Case No.384 of 1987 by the learned Judicial Magistrate, First Class, Bharuch. THE said case was registered against the present respondent for the offence under Section 7(1) read with Section 16(1) of the Prevention of Food Adulteration Act (for short PFA Act) in the Court of learned JMFC, Bharuch. THE said Judgment of the trial Court has been challenged by the State on the ground that the Judgment and order passed by learned Magistrate is against the law and evidence on record.

(2.) ACCORDING to the prosecution case, the complainant visited the premises of the respondents accused and took the sample of Milk for the purpose of analysis. Thereafter, after completing the necessary procedure, the complainant sent the said sample to the Public Analyst for analysis. The Public Analyst submitted the report in which it has been found that the sample of milk found adulterated and not found as per the provisions laid down under the Prevention of Food Adulteration Rules, 1955. Upon receipt of the report the complainant, after obtaining sanction, filed complaint against the respondent accused in the Court of learned JMFC, Bharuch, being Criminal Case No.384 of 1987.

(3.) I have gone through the papers produced in the Case. I have also gone through the evidence led before the trial Court as well as the Expert Opinion. I have also gone through the Judgment of the trial Court. The Food Inspector has violated the procedure laid down under Rule 14 of the Rules. From the papers it clearly appears that the learned Magistrate has rightly observed that the bottles which were not cleaned properly at the time of sampling. Even from Exhibit 34, which report of public analyst, it transpires that there is delay of 14 days in making signature. In the facts of the case I am in complete agreement with the reasons assigned by the trial Court.