STATE OF GUJARAT Vs. AAMADBHAI ALARAKHABHAI MAHIDA

JUDGEMENT

(1.) THE appellant - State of Gujarat, has preferred this Appeal under Section 378(1)(3) of the Code of Criminal Procedure against the Judgment and order of acquittal dated 24.06.2002 passed by the learned Chief Judicial Magistrate, Junagadh, in Criminal Case No. 10592 of 1996, whereby the learned Magistrate has acquitted the respondent - original accused of the charges levelled against him.

(2.) THE short facts of the prosecution case is that the complainant, Food Inspector, visited the business place of accused and took the sample of Calcium Carbide and sent the same to the Public Analyst for the purpose of analysis. On examination, the Public Analyst found that the said sample was adulterated and prohibited under the provisions of Section 7(VI) and Rule 44(AA) of the Prevention of Food Adulteration Act, 1955. Thereafter, after obtaining necessary sanction the Food Inspector filed case against the accused in the court of learned Magistrate.

(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 respondent - accused from the charges alleged against him, vide Judgment and order dated 24.06.2002.