STATE OF GUJARAT Vs. RANCHHODBHAI PRAHLADDAS PATEL

JUDGEMENT

(1.) The respondent above named was tried before the learned Judicial Magistrate, First Class Kalol in Criminal Case no. 1864/88 for offences punishable under Sections 7(1) and 17 of Prevention of Food Adulteration Act (hereinafter referred to as the Act). At the end of trial, the learned J.M.F.C.Kalol was pleased to acquit the respondent-accused. Dissatisfied with the said judgment and order of acquittal, the State has preferred this appeal.

(2.) The brief facts of the present case are as under: The complainant is Food Inspector and on 12.05.1988 at about 4.00 p.m. he went with one Jayantibhai Ambalal Patel to the shop of the present respondent and took sample of turmeric powder. He then divided the powder into three equal parts and sealed in bottles and took signature of the present respondent. Thereafter, after analysis report Q.2-680/88 dated 2.6.88 it was found that the turmeric powder was adulterated. Therefore, the respondent violated the provisions of Prevention of Food Adulteration Act. Therefore the complaint was filed in the court on 27.06.1988. After recording the statements, charge was framed against the respondent. The respondent-accused claimed not guilty and claimed to be tried.

(3.) The learned trial court, on recording depositions of various witnesses, going through the documentary evidence produced on record and after hearing the learned advocates for the parties, held that the prosecution has failed to prove the charge against the accused and acquitted the accused. It is against this judgment and order this appeal is filed by the complainant-State.