NARENDRA B. VYAS Vs. DILIPBHAI MANILAL MODI

JUDGEMENT

(1.) PRESENT appeal under Section 378(4) of the Criminal Procedure Code, 1973 ('the Code' for brevity) has been directed against judgment and order dated 21/12/2000 passed by the learned Judicial Magistrate First Class (Municipal Court), Surat in P.F.A Case No. 32 of 1996 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 of the said Act.

(2.) HEARD Mr. Masoom K. Shah, learned advocate appearing for the appellant, Mr. D. K. Modi, learned advocate appearing for the respondent No. 1 original accused and Mr. K. L. Pandya, learned Additional Public Prosecutor, appearing for the respondent No. 2 State of Gujarat.

(3.) BRIEF facts of the prosecution case are that on 16/08/1995, complainant Narendrakumar Balkrishna Vyas visited the shop namely Dilip Traders belonging to respondent No. 1 original accused, who found to be selling Ghee. The complainant took the sample of Ghee for analysis after following due procedure for the same and sent the same to the Public Analyst for analysis and on report being received, Ghee was found not as per the approved standards and hence, the accused was alleged to have committed the offence as above for which, complaint had been lodged against him.