ASHWINBHAI H ACHARYA FOOD INSPECTOR Vs. DILIPBHAI JAYANTILAL

JUDGEMENT

(1.) THE appellant has preferred the present Appeal under Section 374 of the Code of Criminal Procedure, 1973 against the Judgment and Order of acquittal dated 05th January 2002 passed by the learned Judicial Magistrate First Class (Municipal), Rajkot, in Criminal Case No.364 of 1992 for the offences punishable under the Prevention of Food Adulteration Act, 1954, whereby the learned Magistrate has acquitted the respondent No.1-accused of the charges levelled against him.

(2.) THE short facts of the prosecution case is that the appellant is serving as Food Inspector. It is the case of the prosecution that on 16th June 1992 visited the shop of the respondent No.1-accused and had taken three glass each of 200 m.l. Rose Cold Drink as sample after paying consideration. It is also the case of the complainant that sample was taken in presence of panch witness. It is also the case of the prosecution that after following due procedure of sealing, the sample was sent to the Public Analyst, Baroda 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.1-accused in the Court of learned Judicial Magistrate First Class (Municipal), Rajkot for violation of provision of Section 7 read with Section 16 of the Prevention of Food Adulteration Act.

(3.) HEARD Mr.Utpal Panchal, learned counsel for the appellant-Food Inspector. I have also gone through the papers and the Judgment and Order of acquittal passed by the learned Magistrate.