STATE OF GUJARAT Vs. TALSHIBHAI BHAVANBHAI PATEL

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 31.1.2004 passed by the learned JMFC, Valbhipur, in Criminal Case No. 186/1994, whereby the accused has been acquitted of the charges under Section 2(1A)(A), 7(i) & 16(1)(A) of the Prevention of Food Adulteration Act, leveled against him.

(2.) The brief facts of the prosecution case are as under:

(3.) It was contended by learned APP Ms. Mini Nair for the appellant that the judgment and order of the learned Magistrate is not proper, legal and it is erroneous. She has also argued that the learned Magistrate has not considered the evidence of the witnesses. She has argued that Food Inspector has followed the rules prescribed by law and he has also followed the procedure of taking the sample and the contents of Form No. 6 etc are just and proper. The sample was seized and sealed properly. Yet, the learned Magistrate has not considered the evidence of prosecution. Therefore, the order impugned in this appeal passed by the learned Magistrate requires to be quashed and set aside.