STATE OF GUJARAT Vs. KRISHNAKANT NATWARLAL SHAH

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 04.11.2009 passed by the learned Additional Sessions Judge, Vadodara, in Criminal Case No.63 of 2007, whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are as under: The complainant Food Inspector visited the shop of the respondent on 23.03.1993 and purchased the sample of black pepper at about 11.45 A.M. After doing certain formalities of packing sealing, drawn the panchnama and sent the sample to the Public Analyst for analysis. The Public Analyst found that the sample did not confirm to the standards and provisions of the Act and rules. After getting sanction, the complainant Food Inspector has lodged the complaint.

(3.) Therefore, a complaint being Criminal Case No.437 of 1994 came to be filed before the learned Judicial Magistrate, First Class, Savali and after hearing both the parties the learned Magistrate vide order dated 4th October, 2007, convicted the respondent and sentenced the respondent to undergo rigorous imprisonment for one year and to pay the fine of Rs.5,000/- in default to undergo simple imprisonment for one month.