M A PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred this Appeal under Section 378 of the Code of Criminal Procedure, 1973 against the Judgment and Order of acquittal dated 25th April, 2008 passed by the learned Metropolitan Magistrate, Court No.6, Ahmedabad in Criminal Case No.4829 of 2006 for the offences punishable under the Prevention of Food Adulteration Act, 1954, whereby the learned Magistrate has acquitted the respondent no.1-accused of the charges levelled against him.

(2.) The short facts of the prosecution case is that the appellant is serving as Food Inspector in Ahmedabad Municipal Corporation. It is the case of the prosecution that that on 6.6.1005 at about 11:00 a.m. the appellant along with his Peon visited the place of respondent no.1-accused. The appellant after introducing him, purchased edible oil (groundnut) of 15 Grams after paying consideration. It is also the case of the prosecution that after following due procedure of sealing, the sample was sent to the Local Health Laboratory for analysis. On examination, the Public Analyst found that the said sample was adulterated. Therefore, after following the due procedure, complaint was filed against the respondents along with respondent No.2 who is wholesale dealer and respondent No.3 is a nominee of accused No.2 in the Court of learned Metropolitan Magistrate, Ahmedabad under Section 16 for the violation of Section 7 of the Prevention of Food Adulteration Act.

(3.) Thereafter the trial was conducted before the learned Magistrate. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence. After considering the oral as well as documentary evidence, the learned Magistrate has acquitted the respondents - accused from the charges alleged against him by the Judgment and Order of acquittal dated 25th April, 2008.