GANGAHDAR Y RAMEKAR Vs. ROHITBHAI JIVANLAL PATEL

JUDGEMENT

(1.) The Vadodara Municipal Corporation, Vadodara has preferred this Criminal Appeal through Gangadhar Y. Ramekar, Food Inspector under section 378 of the Criminal Procedure, Code, 1973, against the order of acquittal recorded by learned JMFC (Mun.) Vadodara dated 26-2-1991 in Criminal Case No. 5571 of 1986 acquitting respondent no.1 original accused of charges under section 2(1) (A), 7 and 16 of the Prevention of Food Adulteration Act, 1954 (herein after referred to as the 'Act'). The leave was granted and the appeal was admitted by this Court (Coram: B.J. Shethna, J) vide order dated 20-11-1992.

(2.) Heard Shri. Pranav G. Desai with Shri. Manish Upadhyay for the appellant, Shri. B.S. Patel with Shri. Chirag B. Patel for Respondent No.1 original accused and Shri. K.C. Shah, learned APP for Respondent No.2 State.

(3.) The case of the prosecution in short is that the original complainant who was serving as Food Inspector in Vadodara Municipal Corporation visited business place of the original accused at 9.00 0' clock on 16-5-1986 and in presence of panch witness collected 600 grams of SMethino Bhardo' described in English as SFonugreek Coarse Powder' for sending it for the purpose of analysis to the Public Analyst. The complainant paid Rs.5=40 for purchasing the said 'methino bhardo' an the receipt was obtained, which was produced at exhibit-18 and the bill is produced at exhibit-