REGENT COMPUTRONICS PVT. LTD.

STATE OF GUJARAT Appellant

V/S

Ashokkumar Mangilal Shah Respondents

Referred Judgements :-

JUDGEMENT

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

(2.) The State has filed this acquittal appeal challenging the judgment and order dtd. 10/10/2012 passed by the learned Judicial Magistrate, First Class, Olpad, Surat in Criminal Case No. 763 of 1997 for the offences punishable under Ss. 2(ia) (m), 2(ix) (d), 44(aaa), 7(1), 7(2), 7(5) and Sec. 16 of the Prevention of Food Adulteration Act, 1954.

(3.) The factual matrix of the prosecution case in nutshell is that the complainant - Surendrakumar Bansidhar Agrawal was Food Inspector at Surat and the present accused was owner of the Mandot Grocery Store. On 3/3/1997, at about 17.00 hours, at Mandot Grocery Store situated at Kim, Tahsil - Olpad, the complainant visited the shop of present accused along with one Panchwitness namely Shanti Hiralal, at that time the present accused was present in the shop and the complainant gave his identity as a Food Inspector. Thereafter, the complainant took the sample of "Black Pepper" (Kalamirchi) weighing 600 Gms. in the presence of Panchwitness and after following necessary procedure, sealed the same, sent it to the Public analyst, Bhuj for analysis. In the analysis report, it was opined that the same was adultered and misbranded. Hence, the complainant obtained necessary sanction from Local Health Authority, Surat as per law to lodge complaint against the said accused and lodged the complaint against him before the Learned Judicial Magistrate First Class, Olpad, Dist: Surat. Thereafter, the complaint was registered against the accused for the offence punishable under Ss. 2(ia) (m), 2(ix) (d), 44 (aaa), 7 (1), 7(2), 7 (5) and Sec. 16 of the Prevention of Food Adulteration Act, 1954.

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STATE OF GUJARAT Vs. ASHOKKUMAR MANGILAL SHAH

Referred Judgements :-

JUDGEMENT

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