STATE OF GUJARAT Vs. SHAMBHUBHAI OMKARBHAI TANK

JUDGEMENT

(1.) Heard learned advocates for the parties.

(2.) The State of Gujarat, appellant herein above has preferred this appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the order of acquittal passed by the Additional Sessions Judge (F.T. Court No.4), Gandhinagar in Criminal Appeal No.1 of 2004 dated 10.8.2004 acquitting the respondent-original accused and reversing the order of conviction passed by the 3rd Judicial Magistrate First Class, Gandhinagar on 30.12.2003 in Criminal Case No.7912 of 1997 for the offence punishable under Section 16 (1)of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as "PF Act" for the sake of brevity).

(3.) At the outset, it is required to be mentioned that the record and proceedings were called for but the same has not been received. There is a letter to the Registrar General addressed by the Principal District Judge, Gandhinagar on 22nd February,2010 indicating that prior to 31st July,2004, the disposal record of Gandhinagar was sent to Central Record room at Ahmedabad (Rural) and recently they have received 400 bundles of disposal cases from the custody of the record room, Ahmedabad (Rural) and it will take some time in tracing out the record of this case. He submitted that therefore the time be granted. At this stage, learned counsel appearing for the parties namely, the appellant as well as the respondent submitted that the order impugned in this appeal takes note of the fact that there was glaring lacuna in case of the prosecution, which resulted into passing of the acquittal order, which is impugned in this proceedings and Shri Modi, learned advocate appearing for the respondents submitted that he has in his case papers in his possession, certified copy of the testimony of the food inspector, wherein also the lacuna in the case of the prosecution could be pointed out, which would help sustaining the order of acquittal.