(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Mr. M.D. Modi for the respondent No. 1 at length.
(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 20/6/2015 passed by the learned Principal Civil Judge & JMFC, Vaghodiya in Criminal Case No. 1283 of 2005 for the offences punishable under Ss. 2(1-a)(m), 7(1), 7(v) and 16(1-a)(1) of the Prevention of Food Adulteration Act , (hereinafter referred to as the 'Act') recording the acquittal.
(3.) The brief facts of the case are that the Food Inspector namely A.K. Patel of Office of Assistant Commissioner, Food and Drug Administration, Vadodara Circle, Vadodara, visited the place of the accused on 30/11/2004. That, the place is known as Tulja Provisions Store and accused Nimeshbhai was present. That, the Food Inspector collected sample of Black pepper (whole) following the provisions of the Food Adulteration Act and the same was sent to the Public analyst for analysis. That, as per the report of the Public Analyst, Rajkot, mineral oil was found from the sample collected and the same is prohibited under Rule 44 (AAA) and accordingly, the accused was convicted and thereafter, the trial was conducted by the learned JMFC, Vaghodiya, and the accused was acquitted, against which, on different grounds, the State has filed this criminal appeal.
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