STATE OF GUJARAT Vs. JAISWAL NAVINCHANDRA HIMATLAL

JUDGEMENT

(1.) The appellant State has preferred this appeal under Section 378 of the Code of Criminal Procedure, 1973 and challenged the judgment and order of acquittal passed by the learned Additional Sessions Judge and Judge of Fast Track Court (Main), Mehsana on 17.4.2004 acquitting the respondents accused for the offence under Sections 2(i)(a)(h)(j), 7(i) and 16(1) of the Prevention of Food Adulteration Act, 1954 (for short "the Act").

(2.) According to the prosecution case, the complainant visited the shop run by the accused in the name of M/s Khodiyar Flour Factory at Unava, Tal: Siddhapur and purchased 450 gm of chilly powder for the purpose of analysis and sent it to Public Analyst, Rajkot. The report of Public Analyst indicated that powder did not conform with the standards and provisions laid down under the Prevention of Food Adulteration Rules, 1955. Therefore, after obtaining sanction to prosecute the accused, the complainant filed a complaint against the accused and it was registered as Criminal Case No. 297 of 1992 by learned JMFC at Unjha.

(3.) After trial, the learned Magistrate convicted the accused. Therefore, Criminal Appeal No. 30 of 2001 was preferred by the convicts before the learned Additional Sessions Judge and Judge of Fast Track Court (Main) at Mehsana. After hearing learned advocates for the parties, the lower appellate Court by judgment dated 17.4.2004 set aside the judgment and order of conviction passed by the trial Court and acquitted the accused. Being aggrieved by the said decision, State has preferred this appeal.