STATE OF GUJARAT Vs. MOHAN JASHUA ASANANI

JUDGEMENT

(1.) THE appellant � State of Gujarat, has filed this Appeal under Section 378 of the Code of Criminal Procedure, against the Judgment and order of acquittal dated 09.03.1990 passed by the learned Judicial Magistrate, First Class, Gandhidham, in Criminal Case No.2335 of 1986, whereby the learned Magistrate has acquitted the respondents � original accused of the charges alleged against them.

(2.) THE short facts of the original complainant � Food Inspector (respondent No.7 herein) had visited the bakery of the respondents No.1 and 2 on 24.12.1985. The respondent No.1 was present there. The Food Inspector took the sample of tower brand or maida, in presence of panchas. The said sample was sent for analysis, which was found adulterated and, therefore, the complaint was filed against the respondents in the Court of learned J.M.F.C., Gandhidham, for the offences under Sections 7 and 16 of the Prevention of Food Adulteration Act, and the case was registered as Criminal Case No.2335 of 1986.

(3.) HEARD learned A.P.P. Ms. Hansa Punani, appearing on behalf of the appellant - State and the learned Counsel Mr. A.D. Shah, appearing on behalf of the respondents � original accused.