STATE OF GUJARAT Vs. PRAFULCHANDRA RANCHHOD KUMAR

JUDGEMENT

(1.) The present appeal is directed against the order dated 30th March 1996, whereby the accused of the Criminal Case No. 455 of 1988 filed under the Prevention of Food Adulteration Act, 1954 has been acquitted only on the ground that the analysis report submitted in evidence was not signed on the day it was prepared. The Trial Court followed the order and judgment of this Court in holding that, if the reports were not prepared and signed by the analyst on the same day when the samples were analyzed, they would cease to have any evidentiary value and, therefore, the accused could not be convicted on the basis of such report.

(2.) Heard Mr. M.G. Nanavati, learned Additional Public Prosecutor for the appellant and learned counsel for the respondent-accused.

(3.) At the time of hearing, it has been pointed out by Mr. Nanavati regarding the judgment of the Division Bench of this Court in the case of State of Gujarat V/s Vishramdas Virumal, 2000 4 GLR 2884, wherein the judgment and order of this Court relied upon by the Trial Court was questioned in the reference made to the Division Bench and ultimately the question referred to the Division Bench was answered in the following terms :