STATE OF GUJARAT Vs. PATEL AMBALAL REVABHAI

JUDGEMENT

(1.) This State appeal is directed against the judgment passed by the Judicial Magistrate, First Class, Visnagar, acquitting the accused respondent of offence under Section 7(1) and under section 16(1) of the Prevention of Food Adulteration Act, 1954. The respondent was prosecuted for adulteration of ground-nut oil. The learned Judicial Magistrate acquitted the accused for the reason that there was non-compliance of the provisions of Section 11(1)(c) of the Prevention of Food Adulteration Act. Under the said provision, the Food Inspector is required to send one of the parts of the analysis to the Public Analyst under intimation to the local Authority. The rules further provide that the remaining 2 parts should be sent to the local authority for the purpose of Sub-section (2) of Section 11. The learned Judicial Magistrate has also found that the Panchas did not support the prosecution case.

(2.) Having considered the matter, in my opinion, the learned Judicial Magistrate was right in acquitting the accused on both the counts, namely non-compliance of Section 11(1)(c); and the fact that the Panchas have not supported the prosecution case. In view of the matter, there is no substance in the appeal and the same is dismissed accordingly.