STATE OF GUJARAT Vs. RASHMIKANT RAVISHANKAR RAVAL

JUDGEMENT

(1.) Heard ld. APP Ms. Nandini Joshi for the State. Before an application to grant leave to appeal, after removal of office objections, could be placed for admission hearing, the appellant State Government has decided not to proceed further with the proceedings and, therefore, the appellant State has moved a note that State may be permitted to withdraw present application to grant leave to appeal and thereby appeal preferred against the judgment and order passed by ld. Addl. Sessions Judge recording acquittal of the respondent accused should also be disposed of accordingly.

(2.) It is true that the respondent accused was convicted by the ld. JMFC for the offences punishable under the provisions of The Prevention of Food Adulteration Act, but by a reasoned order, ld. Addl.Sessions Judge has acquitted the respondent accused. The State of Gujarat as was intending to challenge the acquittal, present application to grant leave to appeal came to be moved. Now, the State Government has decided to accept the judgment and order of acquittal passed by ld. Addl. Sessions Judge. A question needs to be answered is whether it would open for the State, not to press such application preferred by the State for grant of leave to appeal in the matter of public interest and public health ?

(3.) I have carefully considered the decision taken by the State Government as per the letter bearing No. 5255/2003/ Surendranagar/703 dated 4th March 2004 addressed by Jt.Secretary, Govt. of Gujarat addressed to the Public Prosecutor, High Court of Gujarat as well as subjective satisfaction of the ld. PP as reflected in letter dated 9.3.2004 of ld. Public Prosecutor. Both the documents are produced in the present case. Present request can not be equated with an application under Sec.321 of CrPC as the respondent at the conclusion of appeal proceedings, has been declared acquitted.