STATE OF GUJARAT Vs. JAYANTILAL MAGANLAL VADERA

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 23.09.2003 passed by the learned Judicial Magistrate, First Class, Dhari, in Criminal Case No. 876 of 1998, whereby the accused has been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are that the complainant Food Inspector purchased sweet Lassi (drink made of buttermilk and sugar) from the shop of the accused and after following the due procedure sent the same to the Public Analyst, Vadodara for analysis. The Public Analyst reported that the sample of sweet Lassi does not conform to the standards and provisions laid down under the Prevention of Food Adulteration Rules. It is the case of the prosecution that after following procedure, a complaint came to be filed before the learned Judicial Magistrate First Class, Dhari.

(3.) TO prove the case against the present accused, the prosecution has examined the witnesses and also produced documentary evidence.