STATE OF GUJARAT Vs. NARANBHAI SAMJI PATEL

JUDGEMENT

(1.) This is an appeal against the order of acquittal passed by the ld. Chief Judicial Magistrate, Bhuj in Criminal Case No.53/86 on 13.6.1991 whereby respondentsoriginal accused were acquitted of the offences punishable under sections 7 & 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the PFA Act ).

(2.) According to the prosecution, Mr. M.P.Patel, complainant Food Inspector had taken sample from respondents ( hereinafter referred to as the accused) running a Edible Oil Mill. Sample was sent for analysis to the Public Analyst. On analysis, Laboratory of Public Analyst found that sample was adulterated. Accused were informed about the report and the complainant had applied for necessary sanction under the provisions of sec.20 of the PFA Act.

(3.) After recording evidence, ld. Chief Judicial Magistrate evaluated oral as well as documentary evidence and acquitted the accused vide judgment dated 13.6.1991. While acquitting the accused, ld. Chief Judicial Magistrate has held that the sanction as stipulated under sec.20 of the Act was not proper and, therefore, prosecution is bad.