STATE OF GUJARAT Vs. KISHORKUMAR RATILAL NATHVANI

JUDGEMENT

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

(2.) The State has filed this acquittal appeal under Sec. 378(4) of the Criminal Procedure Code challenging the judgment and order dtd. 13/2/2014 passed by the learned Principal Civil Judge and Judicial Magistrate First Class, Manavadar in the Criminal Case No.48 of 2008 for the offences punishable under Ss. 2 (1-A), (B)(C)(M) and 50 read with Ss. 7(1) , 7(5) , 16 , etc, of the Prevention of Food Adulteration Act ,1954.

(3.) The brief facts of the case are that the Food Inspector as a part of his official duty has visited the place of accused along with Police Party. That, upon search, it has been found that as alleged, the accused was manufacturing and selling so called pure Ghee. That, the accused was informed about sample being taken for analysis as per Form No.6 and Rule -12 of the Prevention of Food Adulteration Act and signature of the accused was taken. That, after completing the necessary procedure, the same Ghee of 750 grams was taken with steel spoon in clean and neat steel vessel "Tapeli". That, thereafter, receipt was prepared and signature of accused was taken on the receipt. That, the sample was distributed equally into three clean, odorless bottles having no crack, after applying seal, the samples were sent to the Public analyst. That, as per the report of the Public analyst, the sample is adulterated. That, after conclusion of the trial, the learned trial Court has acquitted the accused and therefore, the State has preferred this appeal.