STATE OF GUJARAT Vs. NAUSHADALI NAJARALI DHANANI

JUDGEMENT

(1.) Being aggrieved and dissatisfied by the judgment and order passed by the learned Judicial Magistrate, Ist Class, Mangrol dtd. 25/7/2012 in Criminal Case No. 612 of 1998. The State has moved before this Court by filing this appeal, wherein the facts of the present case are as under.

(2.) That accused no.1 herein was the vendor and accused no.2 herein was the owner of Didar Traders (Firm). On 5/2/1996, the complainant visited the shop of accused for inspection namely Didar Traders, where the accused no.1 was present. It is further contended that the complainant shown his identity as a Food Inspector to the accused no.1 & 2 and took 450 gms. sample of "Marshal Agmark Chili Powder" for the purpose of analysis. After following necessary procedure, sealed the same in three clean Jars and sent it to the Public analyst, Vadodara, for analysis. In the said report, it was found that the artificial color and wheat starch was added in the said "Chili Powder" and it was adultered. The complainant obtained necessary sanction from Local Health Authority as per law to lodge complaint against the said accused and lodged the complaint against them before the Judicial Magistrate, First Class, Mangrol.

(3.) After obtaining the consent of the Local Health Authority as required under Sec. 20 of the Act, the complaint was filed. The learned Judicial Magistrate First Class, Mangrol, concerned has framed the charge and after adducing the evidence, the learned Judicial Magistrate acquitted the accused. Upon which the State has filed the present appeal on various grounds. One of the main ground is that the Food Inspector has carried out every procedure aspect in accordance with law and therefore the judgment and order passed by the learned Magistrate is improper, perverse and bad in law.