(1.) This appeal is filed by the appellant - State challenging the judgment and order dtd. 7/5/2013, passed in Criminal Case No. 10 of 2005 by the learned Judicial Magistrate First Class, Manavadar, recording the acquittal.
(2.) Facts in brief are that on 27/8/2004, Assistant Commissioner of Food and Drugs Control Administration, Junagadh received a message from Bantwa Police Station, Taluka: Manavadar that they had seized Deshi Ghee (loose) from the residence of the respondent No. 2 herein and requested to examine the same and hence, the Food Inspector, after getting permission from the Manavadar Court for taking sample, got present before him the persons in whose presence the said Ghee was seized and recorded the statement of respondent No. 1 - accused No. 1. Thereafter, sample was taken and sent for analysis, following due procedure and in report, found the same to be adulterated. Accordingly, the respondents - accused having found committing the breach of the provisions of Ss. 2(i-a), (a), (c), (m), 7(1) and (5) of the Prevention of Food Adulteration Act , 1954 (the Act), committed the offence punishable under Sec. 16 of the said Act, and hence, a complaint came to be registered against them.
(3.) Heard, learned Additional Public Prosecutor Ms. Jirga Jhaveri for the appellant - State - original complainant and learned advocate Mr. Zubin Bharda for the respondents - accused.
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