STATE OF GUJARAT Vs. KEDARNATH KANJILAL AGRAWAL

JUDGEMENT

(1.) By way of present appeal, filed under Section 378(4) of the Code of Criminal Procedure, 1973, the Appellant-State of Gujarat has challenged the judgment and order of acquittal dated 29th December, 2008 passed by the learned Judicial Magistrate First Class, Surat, in Criminal Case No. 01 of 1998. The said case was registered against the Respondents-original accused for the offences punishable under Sections 2(ia)(m), 7(1)(5) and 16 of the Prevention of Food Adulteration Act, 1954 (for short "the Act").

(2.) This Court vide order dated 09th July, 2009 ordered to delete the case against Respondent Nos. 5 and 6 and vide order dated 25th September, 2009 abated the case against Respondent No. 1 as he was passed away.

(3.) According to the prosecution case, Respondent No. 2 is shop and Respondent Nos. 1, 3 and 4 are the partners of the Respondent No. 2 shop. The Respondent-Kedarnath having business of selling grocery and oil. It is the case of the prosecution that the complainant-Food Inspector visited Respondent No. 2-shop on 10th January, 1997 at about 16.30 hours and after giving his identity as Food Inspector, purchased sample of 400 gms. Groundnut Oil from 15 ltrs. Oil tin. Thereafter, after completing the necessary procedure, the complainant sent the said samples to the Public Analyst, Vadodara for analysis. As per the report of the Public Analyst, the sample was adulterated and does not conform to the standards and provisions laid down under the Prevention of Food Adulteration Rules, 1955. Thereafter, after obtaining sanction from the Local Health Authority, complaint was filed before the learned Judicial Magistrate First Class, Surat against the Respondents-original accused for breach of Section 2(ia)(m), 7(1)(5) and 16 of the Act, being Criminal Case No. 01 of 1998.