K N JADAV Vs. RAMESH KUNVERJI

JUDGEMENT

(1.) THE appellant has preferred the present Appeal under Section 374 of the Code of Criminal Procedure, 1973 against the Judgment and Order of acquittal dated 30th March 2002 passed by the learned Judicial Magistrate First Class (Municipal), Rajkot, in Criminal Case No.270 of 1995 for the offences punishable under the Prevention of Food Adulteration Act, 1954, whereby the learned Magistrate has acquitted the respondent Nos.1 and 2-accused of the charges levelled against them.

(2.) THE short facts of the prosecution case is that the appellant is serving as Food Inspector. It is the case of the prosecution that on 05th June 1995 visited the shop of the respondents-accused where respondent No.1-accused was present. It is also the case of the prosecution that the original complainant had taken 660 m.l. milk as sample after paying consideration. It is also the case of the complainant that sample was taken in presence of panch witness. It is also the case of the prosecution that after following due procedure of sealing, the sample was sent to the Public Analyst, Baroda for analysis. On examination, the Public Analyst found that the said sample was adulterated and is not as per the standard prescribed under the Prevention of Food Adulteration Act. THErefore, after following the due procedure, complaint was filed against the respondent Nos.1 and 2-accused in the Court of learned Judicial Magistrate First Class (Municipal), Rajkot for violation of provision of Section 7 read with Section 16 of the Prevention of Food Adulteration Act.

(3.) HEARD Mr.Utpal Panchal, learned counsel for the appellant-Food Inspector. I have also gone through the papers and the Judgment and Order of acquittal passed by the learned Magistrate.