YOGESHKUMAR CHAMPAKLAL SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has preferred the present Appeal against the Judgment and Order of acquittal dated 30th November 1998 passed by the learned Chief Judicial Magistrate, Godhra in Criminal Case No.1676 of 1998 for the offences punishable under the Prevention of Food Adulteration Act, 1954, whereby the learned Magistrate has acquitted the respondent No.2-accused of the charges levelled against him.

(2.) THE short facts of the prosecution case is that the appellant is serving as Food Inspector in Nagarpalika, Godhra. It is the case of the complainant that on 11th May 1994 at about 14:00 hours, he visited the restaurant of the respondent No.2 and taken the sample of Chilly Powder, which is used for preparation of food. It is the case of the complainant that the said sample was taken in presence of the witnesses. It is also the case of the prosecution that after following due procedure of sealing, the sample was sent for analysis. On examination, the Public Analyst found that the said sample was adulterated and is not as per the standard prescribed under the Prevention of Food Adulteration Act. THErefore, after following the due procedure, complaint was filed against the respondent No.2-accused in the Court of learned Chief Judicial Magistrate, Godhra for violation of Section Prevention of Food Adulteration Act.

(3.) HEARD Mr. R.N. Shah, learned counsel for the appellant, Mr.H.L. Jani, learned counsel for the respondent No.1-State and Ms.Rekha Jadeja, learned advocate for Mr.Yatin Soni, learned counsel for the respondent No.2. I have also gone through the papers and the Judgment and Order passed by the learned Magistrate.