STATE OF GUJARAT Vs. GANDHI JAYANTILAL SANKALCHAND

JUDGEMENT

(1.) This is an appeal by the State against the order of acquittal passed by the learned Additional Sessions Judge Ahmedabad (Rural) at Himatnagar acquitting the original accused of an offence under section 16(1) of the Prevention of Food Adulteration Act 1954.

(2.) The prosecution case shortly stated is that on 18th April 1960 at about 2 p.m. the respondent Gandhi Jayantilal Sankalchand (who will hereafter be referred to as the accused was going in a touring car BYA No. 239 to the bazaar in Modasa. Mr. Narsibhai Karsanbhai Patel who was Food Inspector of the Modasa Municipality stopped the car while it was passing near the municipal office. The Food Inspector called the panchas and in the presence of the panchas the car was searched and 10 tins of ghee were found in the car. The Food Inspector thereafter gave requisite written intimation to the accused of his intention to take the sample of ghee for analysis by the Public Analyst purchased 3 seer of ghee and paid the cost for the same to the accused in the presence of the panchas and this sample was then and there divided by him into three parts and each part was sealed and one of the parts was given to the accused and one was sent to the Public Analyst for analysis and one was retained by the Food Inspector with him.

(3.) On receipt of the report of the Public Analyst that the ghee was adulterated the Food Inspector instituted a complaint being Criminal Case No. 1142 of 1960 against the accused before the learned Judicial Magistrate First Class Modasa. The learned Magistrate found the accused guilty and sentenced him to undergo six months rigorous imprisonment and to pay a find of Rs. 1500.00in default to undergo further rigorous imprisonment for three months. On appeal being filed by the accused the learned Additional Sessions Judge Ahmedabad (Rural) at Himatnagar acquitted the accused in Criminal Appeal No. 24 of 1961 on the ground that the sanction to prosecute was not proper as there was only a general sanction by a resolution of the general Board of Modasa Municipality authorising the Food Inspector to file cases under the Food Adulteration Act and that the Act required sanction for each offence. Besides it was held that there was no evidence that the accused wanted to sell the ghee within limits of the municipal area of Modasa. The State has come in appeal against this order of acquittal.