STATE OF GUJRAT Vs. GAFURBHAI BHIKHABHAI MANSURI

JUDGEMENT

(1.) Heard Shri K.C. Shah, learned Addl. Public Prosecutor for the appellant State of Gujarat and Shri D.K. Modi, learned counsel for the respondents original accused.

(2.) The appellant State of Gujarat has preferred the present appeal under Section 378 of the Code of Criminal Procedure challenging the judgment and order of acquittal dated 14.6.1996 passed by the learned Additional Sessions Judge, Mehsana in Criminal Appeal No. 20 of 1996, whereunder, the learned Additional Sessions Judge has reversed the decision of learned Magistrate, Kheralu dated 8.4.1996 passed in Criminal Case No. 205 of 1992, whereby, the learned Magistrate has convicted the original accused Nos. 1 and 2 for the offences punishable under Sections 2(IA) (F), 7 (I), 7 (II), 7 (V) of the Prevention of Food Adulteration Act, 1954 (herein after referred to as Sthe Act for short) and ordered to suffer RI for 6 months and also imposed fine of Rs.1000=00 (Rs. One thousand only) on each of the accused and in default thereof, further SI for 45 days to be undergone by accused Nos. 1 and 2.

(3.) Shri Modi, learned counsel appearing on behalf of the accused has today produced the death certification dated 1.12.2000 issued by the Chief Officer, Municipal Borough, Kheralu indicating that Gafurbhai Bhikhabhai Mansuri, original accused No. 1 respondent No. 1 has died on 12.11.2000 and the death was registered in the record on 17.11.2000. The said certificate is ordered to be taken on record. In view of this, the present appeal qua original accused No.1 stands abated.