STATE OF GUJARAT Vs. NAKUM MANOJ DAMJIBHAI HADIYANA

JUDGEMENT

(1.) THE appellant -State of Gujarat, has preferred this Appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 22nd January 1999 passed by the learned Judicial Magistrate First Class, Dhrol Jodia, in Criminal Case No. 396 of 1994, 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 complainant, Food Inspector, visited the business place of accused No. 1 and collected sample of "Laxmi" Brand Groundnut Oil from the packed tin after paying consideration and sent the same for analysis to the Public Analyst, Bhuj. On examination, the Public Analyst found that the said sample was not upto the standard as prescribed and it was adulterated. Thereafter, after obtaining necessary permission, the Food Inspector filed case in the court of learned Magistrate.

(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 them by the judgment and order dated 22nd January 1999.