KANTIBHAI M LIMBACHIA Vs. KHEMCHAND L THARWANI

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the complainant, under Section 378 (4) Cr. P.C., against the Judgment and order dated 16.11.2009, rendered in Criminal Case No.7226 of 1984 by the learned Chief Judicial Magistrate, Navsari. THE said case was registered against the present respondents for the offence under Section 7(1) read with Section 16 of the Prevention of Food Adulteration Act (for short 'PFA Act') in the Court of learned Chief Judicial Magistrate, Navsari. THE said Judgment of the trial Court has been challenged by the complainant on the ground that the Judgment and order passed by learned Magistrate is against the law and evidence on record.

(2.) ACCORDING to the case of the complainant, on 24.5.1984 the complainant along with Panch witness visited the premises of the respondent No.1 - accused and took the sample of butter biscuit for the purpose of analysis. Thereafter, after completing the necessary procedure, the complainant sent the said sample to the Public Analyst for analysis. The Public Analyst submitted the report in which it has been found that 'the sample of biscuit was found adulterated and not as per the provisions laid down under the Prevention of Food Adulteration Rules, 1955.' Upon receipt of the report the complainant, after obtaining sanction, filed complaint against the respondent ' accused in the Court of learned Magistrate, Navsari, being Criminal Case No.7226 of 1984.

(3.) IT is settled legal position that in acquittal Appeal, the Appellate Court is not required to re-write the Judgment or to give fresh reasonings when the Appellate Court is in agreement with the reasons assigned by the trial Court acquitting the accused. In the instant case, this Court is in full agreement with the reasons given and findings recorded by the trial Court while acquitting the respondents ' accused and adopting the said reasons and for the reasons aforesaid, in my view, the impugned Judgment is just, legal and proper and requires no interference by this Court at this stage. Hence, this Appeal requires to be dismissed.