REGENT COMPUTRONICS PVT. LTD.

STATE OF GUJARAT Appellant

V/S

Ilesh Himmatlal Bhuptani Respondents

Referred Judgements :-

JUDGEMENT

(1.) Heard learned APP Ms. Jirga Jhaveri for the appellant - State and learned advocate Mr. P.B. Khandheria for the respondents at length.

(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 14/4/2011 passed by the learned Additional Chief Judicial Magistrate, Gondal in Criminal Case No. 920 of 1997 for the offences punishable under Ss. 2(ia)(a)(f)(m) and Sec. 7(1)(5) and Sec. 16(1) of the Prevention of Food Adulteration Act, 1954.

(3.) The brief facts of the case are that on 11/3/1997 the complainant alongwith Panch Witness visited the premises of the respondent-accused where the accused No.1 was doing his business. Upon checking carried out, the complainant decided to take sample of Soji. The complainant informed the accused that he wanted to analyze this before the Public Analyst and therefore to purchase the same and issue Notice in the prescribed Form No.6 as per Rule 12. Thereafter, the complainant had purchased Soji Mahraja and paid the amount for that. The complainant has obtained the signature of the accused in a receipt regarding receiving of amount. Thereafter, the said sample of Soji was taken in three clean dry bootless which was closed sufficiently tight to prevent leakage, evaporation, or in the case of dry substance, entrance of moisture and was carefully 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, for analysis. The Public Analyst after analyzing the sample opined as under:

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STATE OF GUJARAT Vs. ILESH HIMMATLAL BHUPTANI

Referred Judgements :-

JUDGEMENT

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