STATE OF GUJARAT Vs. MANSUKHLAL JAMNADAS NATHWANI

JUDGEMENT

(1.) The appellant has preferred the present appeal under Section 378 of the Code of Criminal Procedure, 1973 against the Judgment and Order of acquittal dated 07th April 1988 passed by the learned Judicial Magistrate First Class, Anand, in Criminal Case No.1968 of 1987 for the offences punishable under the Prevention of Food Adulteration Act, 1954, 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 the complainant in the presence of accused No.1 collected sample of Groundnut Oil of Jay Jalaram Brand after paying consideration from the shop of accused No.2. It is also the case of the prosecution that after following due procedure of sealing, the sample was sent to the Public Health Laboratory for analysis. On examination, the Public Analyst found that the said sample was adulterated and not upto the standard as prescribed under the Rules. Therefore, after following the due procedure, complaint was filed against the respondents-accused in the Court of learned Civil Judge (J.D.) and Judicial Magistrate First Class, Anand for breach of Sections 2, 7 and 16 of the Prevention of Food Adulteration Act.

(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 of acquittal dated 07th April 1988.