STATE OF GUJARAT Vs. RAVJIBHAI AMBALAL PATEL

JUDGEMENT

(1.) THE present revision application has been filed by the applicant State of Gujarat, challenging the legality and validity of the judgment and order dated 10.8.2007 passed by the learned Sessions Judge, Gandhinagar (hereinafter referred to as the Appellate Court) in Criminal Appeal No. 20/2006, whereby, the appellate Court had set aside the judgment and order dated 4.8.2006 passed by the learned J.M.F.C., Dahegam (hereinafter referred to as the trial Court) convicting the present respondent (Original accused) for the offence under sec. 16(1)(a)(i) and section 16(a)(ii) for the violation of sec. 2(ia)(a) and (m) and section 7(i) and section 7(v) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the said Act).

(2.) HEARD Learned APP Ms. C.M. Shah appearing for the applicant-State and Mr S.K. Patel learned advocate appearing for the respondent.

(3.) HOWEVER, learned advocate Mr. S.K. Patel appearing for the respondent taking the Court to the relevant part of the judgment of the Appellate Court and the Rules framed under the said Act, submitted that the complainant food Inspector having not complied with the mandatory requirements of the Rules required to be followed while collecting the samples of the groundnut oil, the Appellate Court had rightly granted benefit of doubt while acquitting the respondent. According to him, the said order being legal and proper, this Court exercising limited revisional jurisdiction, should not interfere with the same. Mr. Patel has also relied upon the judgment of this Court in case of State of Gujarat vs. Dineshbhai K. Patel reported in 2007 GLH 348 and of Bombay High Court in case of State of Maharashtra vs. Vinayak Mahadevrao Waze, reported in 2005 Cri.L.J. 2100, in support of his submissions.