STATE OF GUJARAT Vs. PARSOTTAMBHAI JIVABHAI TANK

JUDGEMENT

(1.) PRESENT appeal under Section 378 of the Criminal Procedure Code, 1973 ('the Code' for brevity) has been directed against judgment and order dated 15/05/1996 passed by the learned Judicial Magistrate First Class, Gondal in Criminal Case No. 541 of 1988 whereby, the learned trial Judge was pleased to acquit the respondent herein original accused from the offence punishable under Section 16 of the Prevention of Food Adulteration Act, 1954 (for brevity 'the said Act') for the alleged breach of the provisions of Section 7(i) of the said Act.

(2.) HEARD , Mr. K. L. Pandya, learned Additional Public Prosecutor, for the appellant State of Gujarat and Mr. Manoj T. Danak, learned advocate for the respondent original accused. I have also perused the impugned judgment and order referred above. It is observed by the learned trial Judge that the Public Analyst had analysed the sample on 06/05/1988 and signed the Report on 16/05/1988 and thus, it is undisputed that the dates of analysis of the sample and signing the Report differ from each other. Besides, the learned trial Judge has placed reliance on a decision of this Court rendered on 24/02/1994 in Criminal Appeal No. 200 of 1987 as well as another decision rendered in the case of K. T. Rajkotwala Vs. State of Maharashtra in Criminal Appeal No. 818 of 1969 decided on 15/12/1970 in passing the impugned judgment and order.

(3.) ON the identical issue, when a reference was made to the Division Bench of this Court by the learned Single Judge in Criminal Appeal No. 374 of 1987, decided on 30/05/1996, the Division Bench in the case of State of Gujarat Vs. Vishramdas Virumal, 2000 4 GLR 2884 has held in paras 17 and 18 as under: