STATE OF GUJARAT Vs. SUMANBHAI MULJIBHAI KATHIYA

JUDGEMENT

(1.) Heard. Mr. A. Y.Kogje, learned A P P appearing for the applicant and Mr. Satish R. Patel, learned counsel appearing lor the respondent. (Original accused).

(2.) The present appeal is against the order of acquittal passed by the learned Chief Judicial Magistrate, Nadiad in Criminal Case No.1 of 1988 dated 24.07.1996, whereby the. learned Judge has acquitted the accused from the charge of the offence punishable under Section 2 (1A) (A) (B) (C) (M) 7(1) (5) read with Section 16 (1) (A) (1) of the Prevention of Food Adulteration Act (hereinafter referred to as the P.F.A. Act).

(3.) (i) The case placed by prosecution against, the respondent.-accused is that a sample of Black Pepper was drawn by the complainant- Shri Hiralal Beehardas Panchal, Food Inspector, Nadiad Municipality from the shop of the accused. As per the case of the prosecution the sample was drawn and collected in accordance with the relevant statutory provision and. the same was sent, for analysis to the laboratory to the Public Analyst by Public Health Authority and. it was found adulterated within the meaning of Section 2 (ia) (m) of the P.F.A. Act.