STATE OF GUJARAT Vs. SHAH GIRISHKUMAR RAMANLAL

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the State, under Section 378 Cr. P.C., against the Judgment and order dated 21.11.1992, rendered in Special Case (E.S.T.P.) No.3 of 1990 by the learned Special Judge. THE said case was registered against the present respondent for the offence under Section 7 of the Essential Commodities Act in the Court of learned Special Judge, Panchmahals at Godhra. THE said Judgment of the trial Court has been challenged by the State on the ground that the Judgment and order passed by learned Special Judge is against the law and evidence on record.

(2.) ACCORDING to the prosecution case, the accused No.1 was selling fertilizer at Kankanpur, Godhra and accused No.2 was the firm and accused No.3 is the person who is trading in the name of accused No.2, who was trading in the name of accused No.2 as wholesale dealer and accused No.4 was the company, which was producing the fertilizer at Mangrol, Dist. Junagadh and accused No.5 is the Quality Control Manager of accused No.4 Company. on 18.8.1988 the Agriculture Inspector visited the premises of the respondent accused No.1 and took the sample of chemical fertilizer for the purpose of analysis. Thereafter, after completing the necessary procedure, the Agriculture Inspector sent the said sample to the concerned Laboratory for analysis. The Analyst submitted the report in which it has been found that the sample of Chemical Fertilizer was sub-standard. Upon receipt of the report, the complaint was filed against the respondents accused in the Court of learned Special Judge being Special Case (E.S.T.P.) No.3 of 1990. At the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Special Judge vide impugned Judgment, acquitted the respondents accused.

(3.) IT is settled legal position that in acquittal Appeal, the Appellate Court is not required to re-write the Judgment or to give fresh reasonings when the Appellate Court is in agreement with the reasons assigned by the trial Court acquitting the accused. In the instant case, this Court is in full agreement with the reasons given and findings recorded by the trial Court while acquitting the respondents accused and adopting the said reasons and for the reasons aforesaid, in my view, the impugned Judgment is just, legal and proper and requires no interference by this Court at this stage. Hence, this Appeal requires to be dismissed.