STATE OF GUJARAT Vs. DURLABHJIBHAI MITHABHAI AND SONS

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 05th March 1993 passed by the learned Second Joint Judicial Judge (S.D.) and Judicial Magistrate First Class, Amreli, in Criminal Case No.1980 of 1990 for the offences punishable under the Prevention of Food Adulteration Act, 1954, whereby the learned Magistrate has acquitted the respondents-accused of the charges levelled against them.

(2.) The short facts of the prosecution case is that on 04th February 1989 the complainant-Food Inspector had visited the respondent no.1 shop, wherein respondent no.2 was doing business as nominee of respondent no.1. The appellant purchased 450 gms. of Turmeric Powder from the respondent no.2 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 found that the said sample was adulterated and not upto the standard prescribed. Therefore, after following the due procedure, complaint was filed against the respondent nos.1 to 6-accused in the Court of learned Second Joint Judicial Judge (S.D.) and Judicial Magistrate First Class, Amreli under Section 16 for the violation of Section 7 of the Prevention of Food Adulteration Act.

(3.) Thereafter the trial was conducted before the learned Magistrate. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence. After considering the oral as well as documentary evidence, the learned Magistrate has acquitted the respondent nos.1 to 6-accused from the charges alleged against them by the Judgment and Order of acquittal dated 05th March 1993.