REGENT COMPUTRONICS PVT. LTD.

STATE OF GUJARAT Appellant

V/S

Dhirajlal Mohanlal Respondents

Referred Judgements :-

JUDGEMENT

(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Mr. Kanjibhai Bhut for the respondent at length.

(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 30/8/2010 passed by the learned JMFC, Oalpad in Criminal Case No. 500 of 1994 the offences punishable under Ss. 2(a)(a) and misbranded as per sec. 2(ix)(d) of the Prevention of Food Adulteration Act, 1954 and as per Rule 44 (aaa) of the Prevention of Food Adulteration Rules, 1955 and Ss. 16(a)(i)(ii) of the Prevention of Food Adulteration Act, 1954.

(3.) The brief facts of the case are that on 29/04/1994 the complainant along with helper visited the shop of the respondent-accused where the accused was doing his business of selling food articles. Upon checking carried out, the complainant decided to take sample of black pepper lying there in the shop. The complainant informed the accused that as he wanted to analyze before the Public Analyst, he purchased the same and issued Notice in the prescribed Form No.6 as per Rule 12. Thereafter, the complainant had purchased 600 Grams of black pepper and paid the amount thereof. The complainant has obtained the signature of the accused in a receipt regarding receiving of amount. Thereafter, the said sample of black pepper was stored in three airtight, cleaned and smell less bottles and sealed after following due procedure of law in the presence of the Panch Witness. The complainant also obtained signatures of panchas in the Panchnama he drew at the time of taking sample. Thereafter, he sent the samples to the Public Analyst, Bhuj for analysis. The Public Analyst after analyzing the sample opined as under:

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STATE OF GUJARAT Vs. DHIRAJLAL MOHANLAL

Referred Judgements :-

JUDGEMENT

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