LAWS(GJH)-2010-7-347

D G PATEL Vs. HEMARAM PUNARAMJI CHAUDHARY

Decided On July 22, 2010
D.G.PATEL Appellant
V/S
HEMARAM PUNARAMJI CHAUDHARY Respondents

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 29th January, 2008 passed by the learned Metropolitan Magistrate, Court No.6, Ahmedabad in Criminal Case No.16175 of 2006 for the offences punishable under the Prevention of Food Adulteration Act, 1954, whereby the learned Magistrate has acquitted the respondent no.1-accused of the charges levelled against him.

(2.) The short facts of the prosecution case is that the appellant is serving as Food Inspector in Ahmedabad Municipal Corporation. It is the case of the prosecution that that on 5.10.2006, the appellant along with his Panch witness visited the shop of respondent no.1-accused. The appellant after introducing him, purchased sweet named "Mohanthal" of 900 Grms. after paying consideration. It is also the case of the prosecution that after following due procedure of sealing, the sample was sent to the Local Health Laboratory for analysis. On examination, the Public Analyst found that the said sample was adulterated. Therefore, after following the due procedure, complaint was filed against the respondent no.1-accused in the Court of learned Metropolitan Magistrate, Ahmedabad 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 no.1-accused from the charges alleged against him by the Judgment and Order of acquittal dated 29.1.2008.