STATE OF GUJARAT Vs. ATTARSING JIVANLAL YADAV

JUDGEMENT

(1.) The present appeal under section 378 of the Code of Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 8.10.2003 passed by the learned Judicial Magistrate, First Class, Nadiad in Criminal Case no. 2 of 2000 whereby the accused has been acquitted of the charges under sections 2(1-A)(A)(M), 7(i),7(5) and 16 of the Food Adulteration Act.

(2.) Brief facts of the prosecution case are that the complainant Food Inspector purchased sample of 750 ml. of Buffalo Milk from the shop of the accused for the purpose of analysis. After following due procedure, the said sample was sent to the Public Analyst for analysis, who reported that the said sample does not conform to the standards and provisions laid down under the Prevention of Food Adulteration Rules, 1955.

(3.) Therefore, a complaint with respect to the aforesaid offence was filed against the respondent in the Court of the learned Judicial Magistrate, First Class, Nadiad.