STATE OF GUJARAT Vs. MURTUJA ISMAIL TITI

JUDGEMENT

(1.) THE State of Gujarat has preferred this Appeal under Section 378 of the Code of Criminal Procedure, against the Judgment and order dated 28.2.1995 passed by the learned Special Judge, Panchmahals at Godhara, in Special Case No.5 of 1990, whereby the learned Special Judge has acquitted the respondents accused from the charges alleged against them.

(2.) THE short facts of the prosecution case is that on 1.8.1989, the Agricultural Inspector, Dahod, went to the shop of the dealer Murtuja Ismail Titi and taken the sample of fertilizer manufactured by Narmada Agro Chemicals Pvt. Ltd. and after completing necessary procedure the sample was sent to the Fertilizer Analyst Laboratory, Gandhinagar. As per the Report dated 4.8.1989, the sample was found as not up to the standard prescribed. Thereafter, after obtaining the sanction from the Agricultural Director, the complaint was filed against the respondents in the Court. The said case was registered as Special Case No. 5 of 1990.

(3.) THE charge was framed against the respondents accused. The respondents accused have denied the charges levelled against them. The complainant was examined vide Exh.19. Except the complainant no other witness was examined by the prosecution. Necessary documents were produced. Thereafter, further Statement under Section 313 Cr.P.C. of the respondents accused were recorded in which they have stated that false case is registered against them. Thereafter, the learned Special Judge vide the impugned Judgment and order acquitted the respondents from the charges levelled against them.