SNEHAL SUHASCHANDRA MACKWAN Vs. SUNILBHAI NARANBHAI PATEL

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant original complainant i.e. Snehal Suhaschandra Mackwan under Section 378 of the Cr. P.C., against the Judgment and order dated 04.12.2013 rendered by the learned Additional Chief Metropolitan Magistrate, Court No.8, Ahmedabad, in Criminal Case No.10347 of 2009. The said case was registered against the present respondent No.1 -original accused for the offences punishable under Sections 16(1)(a)(i) for breach of Section -7(i) of the Prevention of Food Adulteration Act, 1954.

(2.) ACCORDING to the prosecution case, the appellant - Food Inspector on 27.05.2009 at 10:30 a.m., accompanied by peon, Purshottam K. Solanki, visited Patel Atmara and Sons, Darshan Chambers, old Madhupura, Ahmedabad, in which the respondent No.1 -accused was present and doing the business of Gor (Jaggery). One gentleman - Baldevbhai Mathurdas Patel, who passing through the area, was called as a panch witness and in his presence, the appellant -complainant disclosed his identity as Food Inspector and inquired about the place of business. The appellant purchased 900 grams of gor (Jaggery). Thereafter, the appellant -complainant inquired about the place of business, in reply, respondent No.1 -accused told that he was the owner of the place of business, but has not been able to produce any documentary evidence. After following the procedure under the law and after giving intimation to the accused person, the sample was collected and necessary panchnama was drawn. The said sample was sent to the Laboratory for the purpose of public analysis. The report of the public Analyst shows that the sample should contain maximum 70 ppm whereas it contained 371.15 ppm. After obtaining the permission/sanction, the complainant filed complaint against the respondent No.1 -accused, which was registered as Criminal Case No.10347 of 2009.

(3.) ON the basis of above allegations, charge was framed vide Exh.30 and read -over and explained to the accused for the offence punishable under Sections 2(i -a)(a)(f), 7(i) (v) and 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954. Thereafter, vide Exh.31, plea was recorded, wherein, the respondent No.1 -accused pleaded not guilty to the charge and claimed to be tried.