STATE OF GUJARAT Vs. DINESHCHANDRA TULSIDAS SAMANI

JUDGEMENT

(1.) The present appeal, under Section 378(1)(3) of the Code of Criminal Procedure, 1973, is directed against the Judgment and order of acquittal dated 28.04.1999 passed by the learned Joint Judicial Magistrate, First Class, Dwarka, in Criminal Case No. 113 of 1997, whereby the learned Magistrate has acquitted the respondents - accused from the charges alleged against them.

(2.) The short facts of the prosecution case is that the complainant, Food Inspector visited the shop of the respondents - accused and purchased the sample of "Kisan Danadal Mithi Pack" for the purpose of analysis and after following the due procedure sent the same to the Public analyst, for analysis. In the Report the Public Analyst found that the sample does not conform to the standards, as prescribed under the provisions of the Prevention of Food Adulteration Act and was mis-branded. Thereafter, on the basis of Report, after obtaining necessary sanction the complainant filed complaint against the respondents - accused.

(3.) Thereafter the trial was conducted before the learned Magistrate. The prosecution has examined the witnesses and also relied upon the documentary evidence. After considering the oral as well as documentary evidence the learned Magistrate has acquitted the respondents - accused from the charges alleged against them, vide Judgment and order dated 28.04.1999.