STATE OF GUJARAT Vs. VINOD HARGOVANDAS

JUDGEMENT

(1.) The appellant-Stale has questioned the legality and validity of the order of acquittal passed by the Judicial Magistrate (First Class) at Patan in Criminal Case No.1803 of 1983 on 10.6.1983 by invoking the aids of provisions of Section 378 of the Code of Criminal Procedure 1973 (the Code for short hereinafter).

(2.) The respondent is the original accused who was tried for thE offence punishable under Sections 7(i) and 16(1)(a) of the Prevention of Food Adulteration Act 1954 in the aforesaid trial. The complainant who was working as a Food Inspector at the relevant time had visited the shop of the accused on 17.3.1983 and had purchased a sample of Methi after completing the required procedures for the collection of the sample. The sample of food (Methi) was sent to the Public Analyst. According to the report of the Public Analyst the sample was found to be adulterated. Therefore the aforesaid complaint was filed by the Food Inspector against the accused.

(3.) Upon appreciation and assessment of the evidence the learned Trial Magistrate reached to the conclusion that the prosecution has failed to prove the guilt of the accused beyond reasonable doubt and therefore the acquittal was recorded. Hence this acquittal appeal at the instance of the original complainant - Food Inspector.