ASHWINBHAI H ACHARYA Vs. VINOD DURGASHANKER PANDYA

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 2.8.2001 passed by the learned Judicial Magistrate First Class (Municipal) in Criminal Case No. 180 of 1994, whereby the accused has been acquitted of the charges under sec. 2, 7 and 16 of the Prevention of Food Adulteration Act, leveled against him.

(2.) THE brief facts of the prosecution case are as under:

(3.) IT was contended by learned advocate Mr. Panchal that the judgment and order of the learned Magistrate is not proper, legal and it is erroneous. He has also argued that the learned Magistrate has not considered the evidence of the witnesses. He has argued that Food Inspector has followed the rules prescribed by law and he has also followed the procedure of taking the sample. The corn pauwa was seized and sealed properly. Yet, the learned Magistrate has not considered the evidence of prosecution. Therefore, the order impugned in this appeal passed by the learned Magistrate requires to be quashed and set aside.