STATE OF GUJARAT Vs. SHAILESHBHAI MANSUKHLAL SHAH

JUDGEMENT

(1.) This is an appeal at the instance of the State under Sec. 378 (3) of Criminal Procedure Code, against the judgment and order of acquittal dtd. 31/12/2019 passed by learned Additional Chief Judicial Magistrate, Rajkot (hereinafter, "learned Magistrate") in Criminal Case No.516 of 1996. By the said judgment and order, the learned Magistrate has acquitted the respondent-accused for the offence alleged under Ss. 7 (1) (5) and 16 of the Prevention of Food Adulteration Act, 1954, (hereinafter, "the Act").

(2.) According to case of the prosecution as alleged in the complaint, on 24/11/1995, the Food Inspector- Mr. K. C. Kumbi under the supervision of Local Health Authority (LHA) had reached the place of offence along with one panch witness Mr. Maheshbhai Laxmanbhai at the premises of respondent/original accused-Mr. Shaileshbhai Mansukhlal Shah at Kadia Line Gondal, District- Rajkot. It is averred that the accused was found conducting the businesses of various food articles lying in his store, which were essentially for human consumption. The Food Inspector had disclosed his identity and had expressed his intention to purchase a sample of turmeric powder from the vendor as lying in the iron jar, which was without any label declaring its contents. The vendor had agreed to such purchase. According to the complainant, the sample was then lifted as per the procedure prescribed under the Food Adulteration Act and the Rules framed thereunder.

(3.) Heard learned APP Mr. Manan Mehta for the appellant-State and learned advocate Mr. Tushar L. Sheth for the respondent-original accused. The arguments were canvassed by the learned advocates for the respective parties and the matter was kept for orders.