STATE OF GUJARAT Vs. NARESHKUMAR GORDHANDAS HOTVANI

JUDGEMENT

(1.) The present appeal, under Section 377 of Code of Criminal Procedure, 1973, is directed against the judgment and order dated 20.3.2010 passed by the learned Chief Judicial Magistrate, Sabarkantha at Himmatnagar in Criminal Case No.2783 of 2006, whereby the learned trial Judge was pleased to convict both the accused respondents for the offence punishable under Section 7(1) of the Prevention of Food Adulteration Act and imposed punishment to remain present in the Court till rising of the Court and also imposed fine of Rs.1000/- each, in default, to undergo 7 days S.I.

(2.) As per the case of the prosecution, the complainant Food Inspector visited the firm of the accused No.1 on 4.2.2006 and found that accused was running business of selling mints and biscuits etc. The complainant purchased three packets of Jesco Glucose biscuits each of 250 gms for analysis purpose. The said sample was sent to Public Analyst, Vadodara and as per the report, the same sample does not fall within the prescribed Rules of Prevention of Food Adulteration Act. Therefore, the complaint was lodged against the accused for the offence punishable under Section 7(1) of the Prevention of Food Adulteration Act and in the result, Criminal Case No.2783 of 2006 was registered before the learned Chief Judicial Magistrate, Himmatnagar.

(3.) After considering the documentary evidence as well as oral evidence led before him, the learned trial Judge has held guilty and convicted the accused as stated above by passing the order dated 20.3.2010.