STATE OF GUJARAT Vs. CHANDRAKANT GORDHANDAS SHETH

JUDGEMENT

(1.) This is an appeal preferred by the State of Gujarat under sec. 378(1)(3) of CrPC against the order of acquittal passed by the ld. Judicial Magistrate (F.C.), Modasa on 30.10.1999 in Crimianl Case No. 2835/97.

(2.) Respondents accused were prosecuted by Mr. G.M.Dalwadi, Food Inspector serving with Food & Drugs Department of Himmatnagar District for the offences punishable under sections 2(ix)(e) of Prevention of Food Adulteration Act (hereinafter referred to as the "PFA Act"). At the end of trial, ld. Magistrate acquitted the accused persons of the charges levelled against them.

(3.) According to the prosecution, on 3.6.1997, at about 11.30 A.M., complainant had visited the shop of accused no.1 with Panch Prahladbhai Jain and after disclosing his proper identity as to his status and purpose of visit, he took a sample of pickle sold in the name & style of " Mayur Chhap Athana (Pickles) ". Description of the sample taken was recorded in the panchanama and the entire procedure was described. Sample was sent to Public Analyst for analysis and was requested to test it for turmeric. On analysis, Laboratory could not found any adulteration, but it opined that sample is misbranded within the meaning of sec.2(ix)(e) of the PFA Act. Thereupon, complainant Food Inspector applied for sanction as required under sec.20 of the PFA Act from the competent authority and after getting sanction, accused were prosecuted for selling misbranded article of food and prayed that accused should be convicted in view of provisions of sec.7(II) R/w sec.16(1)(a)(i) of the PFA Act.