STATE OF GUJARAT Vs. CHANDRAKANT HARMANBHAI PATEL

JUDGEMENT

(1.) Heard the learned counsel for the parties. The order of discharge was passed in a case by the learned Magistrate and the same has been upheld by the Revisional Court. Against that discharge order, the State has filed the present petition.

(2.) The facts of the case are that packets of biscuits were purchased by the Food Inspector and at the time of purchase, the shopkeeper had not claimed that he had purchased the same from the company and he had warranty and the goods are in the sealed condition.

(3.) After the Food Inspector was examined, two days thereafter, bill was produced before the Trial Court claiming that the purchase of the biscuits by the respondent-accused was against a document from the company and therefore, the biscuits are in the sealed condition and there is warranty against it.