STATE OF GUJARAT Vs. DINESHCHANDRA RAMJILAL SHAH

JUDGEMENT

(1.) Heard Mr.A.Y.Kogje, ld.APP, appearing for the appellant-State and Mr.Agrawal, learned counsel appearing for the respondent-accused.

(2.) The petitioner-State has preferred the present appeal assailing the order of acquittal dated 28th October, 2002 recorded by the ld.Judicial Magistrate First Class, Savali in Criminal Case No.71 of 1992 filed by the complainant-Mr.S.B. Bhatt, Food Inspector, appointed by the State of Gujarat under the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act').

(3.) The allegation in the complaint is that the respondent-accused has committed offence punishable under Sections 4 and 7 of the Act. The sample of 'salt' was drawn/taken from the shop of the respondent-accused and on analysis, it was found adulterated (on being not found as per the standards proclaimed) in view of the provisions of the Act. It was found that the sample of salt was not iodized and such salt was put in prohibited category for sale for human consumption. There is no factual dispute as to such prohibition on relevant date.