STATE OF GUJARAT Vs. MUSTUFABHAI SULEMANBHAI KUSHKIWALA

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 30th May, 1997 passed by the learned learned Judicial Magistrate, First Class, Modasa in Criminal Case No. 2633 of 1988, whereby the accused have been acquitted of the charges leveled against them for the offence punishable under Section 7(1), 7(5) r/w. Section 16 of the Prevention of Food Adulteration Act.

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

(3.) IT was contended by learned APP Mr A.J. Desai that the judgment and order of the learned Magistrate is not proper, legal and it is erroneous. He has also argued that the learned Magistrate has not considered the evidence of the witnesses. He 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 chilly powder 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.