STATE OF GUJARAT Vs. KISHORBHAI MANGUBHAI SONI

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 15.3.1999 passed by the learned Additional Sessions Judge, Vadodara in Criminal Appeal No. 19 of 1998, whereby the accused has been acquitted from the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under:

(3.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order passed by the learned Sessions Court the appellant the complainant and State has preferred the present appeal. It was contended by learned APP Mr. Jani that the judgment and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this Court through the oral as well as the entire documentary evidence. He has contended that the learned trial Judge has not considered the evidence of the Food Inspector and therefore, it cannot be said that there is a breach of provisions of Section 4 of the Prevention of Food Adulteration Act. He has contended that the learned Judge has not considered the aspect that as per the provisions of Section 2 Sub -section (m), it is prescribed under the Act that if the sample does not conform to the standard as prescribed under the Act, then it is adulterated. The accused had not fulfilled the provisions, therefore, the accused is not entitled for warranty under Section 19(2) of the Act. Therefore, the order is required to be quashed and set aside.