SANJIV MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant, original complainant, has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 and challenged the judgement and order of acquittal passed by learned Judicial Magistrate First Class, Junagadh, on 28.3.2008 in Criminal Case No. 4796 of 1992 acquitting the respondent accused for the offence under Section 7(1) and Section 16 of the Prevention of Food Adulteration Act, 1954 ("the Act" for short).

(2.) ACCORDING to the prosecution case, the accused was running business in the name of Kanti Masala Gruh Udyog. On 18.2.1992 at about 7 O'clock in the evening the complainant purchased chilly powder (loose) from the accused for sending it to the public analyst. The chilly powder purchased was sent for analysis to the public analyst, Bhuj and report was received indicating that the chilly powder was adulterated. Therefore, after obtaining sanction, prosecution was launched against the accused.

(3.) I have heard learned advocate Ms. Meghna Patel for learned advocate Mr. Dagli for the appellant and learned advocate Mr. Param R. Buch for learned advocate Mr. Hriday Buch for the respondent accused at length and in great detail. I have also perused the impugned judgement and record and proceedings of the trial Court.