NARENDRA B VYAS Vs. POPATBHAI ISHWARBHAI PATEL

JUDGEMENT

(1.) The present appeal, un-der Section 378 of the Code of Criminal Proce-dure, 1973, is directed against the judgment and order of acquittal dated 12.12.2000 passed by the learned Judicial Magistrate, First Class, Mu-nicipal Court, Surat, in P.F.A. Case No.35 of 1996, whereby the accused has been acquitted of the charges levelled against respondent No. 1.

(2.) The brief facts of the prosecution case are that on 23.1.1996, complainant visited the shop of the respondent No. 1 where the respondent No.l sold the grain items. The complainant purchased the sample of 600 gram of chilly pow-der from the shop of the accused for .the pur-pose of analysis. After following the due proce-dure, the said sample was sent to the Public Analyst for analysis. On receipt of the report, it is reported that the sample is adulterated as per the standards and as per the provision of the Prevention of Food Adulteration Rules, 1955 (for short 'PFA Rules'). After obtaining sanction, the complainant filed the complaint in the Court of learned Judicial Magistrate, First Class, Mu-nicipal Court, Surat and came to the above con-clusion.

(3.) To prove the case against the present ac-cused, the prosecution has examined the wit-nesses and also produced documentary evi-dence.