LAWS(GJH)-2022-7-890

STATE OF GUJARAT Vs. MAGANLAL KANABHAI GUJAR

Decided On July 18, 2022
STATE OF GUJARAT Appellant
V/S
Maganlal Kanabhai Gujar Respondents

JUDGEMENT

(1.) This appeal is filed by the appellant - State challenging the judgment and order dtd. 16/2/2013, passed in Criminal Case No. 2832 of 1993 by the learned Additional Chief Judicial Magistrate, Una, recording the acquittal.

(2.) Facts in brief are that on 6/9/1993, the complainant - Food Inspector visited a shop namely M/s. Maganlal Kanabhai Gujjar situated at Dhokadva where the respondent - accused was present. The complainant took the sample of chilly powder and sent the same for analysis and in report, found the chilly powder to be adulterated and accordingly, the accused having found committing the breach of the provisions of Ss. 7 of the Prevention of Food Adulteration Act (the said Act) and rules framed thereunder, committed the offence punishable under Sec. 16 of the said Act, and hence, a complaint came be to registered against them.

(3.) Heard, learned Additional Public Prosecutor Ms. Jirga Jhaveri for the appellant - State - original complainant and learned advocate Mr. Atit Thakore for learned advocate Mr. Anil Jagani for the respondent - accused.