STATE OF GUJARAT Vs. MANOJKUMAR ARJANDAS SINDHI

JUDGEMENT

(1.) The appellant-State of Gujarat, has preferred this Appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 24th November 2000 passed by the learned Joint Judicial Magistrate First Class, Kapadwanj, in Criminal Case No. 632 of 1989, whereby the learned Magistrate has acquitted the respondents-accused of the charges levelled against them.

(2.) The short facts of the prosecution case is that on 07th January 1988 the complainant, Food Inspector, along with his Peon visited the business place of the accused No. 1 at about 13:15 hours. At that point of time, the accused No. 1 was present. It is also the case of the complainant that he was collected 6 Plastic Jar of 100 gms. each of Asafoetida of "Krusha" brand as sample after paying consideration in presence of pancha and sent the same for analysis to the Public Analyst on 08th January 1988. The said Asafoetida was purchased by the Respondent No. 1 from the Respondent No. 2. On examination, the Public Analyst found that the said sample was not upto the standard as prescribed and it was adulterated. Thereafter, after obtaining necessary permission from Local Health Authority, the Food Inspector filed case against the accused persons in the court of learned Magistrate.

(3.) Thereafter the trial was conducted before the learned Magistrate. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence. After considering the oral as well as documentary evidence, the learned Magistrate has acquitted the respondents-accused from the charges alleged against them by the judgment and order dated 24th November 2000.