STATE OF GUJARAT Vs. PARSOTTAMDAS MADANDAS ADARA

JUDGEMENT

(1.) The Appellant has preferred the present Appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and Order of acquittal dated 24th October 1997 passed by the learned Judicial Magistrate First Class, Keshod, in Criminal Case No. 914 of 1993 for the offences punishable under the Prevention of Food Adulteration Act, 1954, whereby the learned Magistrate has acquitted the Respondents-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 complainant that on 16th October 1992 at about 15:00 hours, he visited "Paras Stores" and taken the sample of Mouth Freshener after paying consideration. It is also the case of the prosecution that after following due procedure of sealing, the sample was sent to the Public Analyst, Bhuj 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 Respondents-accused in the Court of learned Judicial Magistrate First Class, Keshod for violation of Prevention of Food Adulteration Act.

(3.) Thereafter, statement was recorded of the complainant. Considering the statement given by the complainant as the prima-facie case was established, charge-sheet came to be issued against the Respondents-accused. Thereafter, 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 them by his judgment and Order of acquittal dated 24th October 1997.