STATE OF GUJARAT Vs. HUSENALI NAJARALI HUDA

JUDGEMENT

(1.) The appellant State of Gujarat has preferred this appeal under Section 378 of Criminal Procedure Code against the order of acquittal passed by learned JMFC, Sanand passed in Criminal Case No. 525 of 1986 on 20/10/2000.

(2.) The facts in brief leading to filing of this appeal deserve to be set out as under.

(3.) Shri D.K. Modi, learned Counsel appearing for the respondents submitted that the reasonings adopted by the court cannot be found to be in any way faulty as the concerned documents, namely report of the public analyst and notification indicating the date of appointment, and subsequent notification indicating appointment of Shri I.M. Desai and the factum of revoking earlier notification are on record; and on that basis it can well be said that at the given point of time the same was examined by the public analyst who had no authority to examine the sample. These factors have not been adverted to sanctioning authority and that has vitiated entire prosecution which includes lodging of complaint. Therefore, the order impugned cannot be said to be in any way perverse calling for interference under Section 378 of Cr.P.C.