STATE OF GUJARAT Vs. THAKKAR BHAVANJI FULCHAND

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the State, under Section 378 Cr. P.C., against the Judgment and order dated 20.4.1998, rendered in Criminal Case No.116 of 1995 by the learned Judicial Magistrate, First Class, Rapar, District Kutch. THE said case was registered against the present respondent for the offence under Section 7(1)(5) read with Section 16(1)(A) of the Prevention of Food Adulteration Act (for short PFA Act) in the Court of learned JMFC, Rapar. THE said Judgment of the trial Court has been challenged by the State on the ground that the Judgment and order passed by learned Magistrate is against the law and evidence on record.

(2.) ACCORDING to the prosecution case on 2.9.1994 the complainant visited the premises of the respondent accused and took the sample of Besan for the purpose of analysis. Thereafter, after completing the necessary procedure, the complainant sent the said samples to the Public Analyst for analysis. The Public Analyst submitted the report in which it has been found that the sample of Besan was adulterated. Upon receipt of the report the complainant, after obtaining sanction, filed complaint against the respondent accused in the Court of learned JMFC, Rapar, being Criminal Case No.116 of 1995.

(3.) I have gone through the papers produced in the Case. I have also gone through the evidence led before the trial Court as well as the Expert Opinion. I have also gone through the Judgment of the trial Court. The learned Magistrate has observed in his judgment that report of analyst is not found proper and there are several contradictions. Even the sample was received by the Laboratory on 15.5.1995 and the certificate was prepared on 12.6.1995, therefore, it cannot be said that the analysis of sample was properly carried out. Even the date of analysis is not mentioned. From the papers it clearly appears that the learned Magistrate has rightly observed that the sanction was given without application of mind. In the facts of the case I am in complete agreement with the reasons assigned by the trial Court.