K G PATEL Vs. LILABHAI RANABHAI MER

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellant Food Inspector, Surat Municipal Corporation, under Section 378 Cr. P.C., against the Judgment and order dated 23.02.2005, rendered in P.F.A.Case No.16 of 2003 by the learned Judicial Magistrate First Class, Surat. The said case was registered against the present respondent original accused for the offence under Sections 2(1A) (M), 7(1) and 16 of the Prevention of Food Adulteration Act (for short "PFA Act") in the Court of learned Judicial Magistrate First Class, Surat. The said Judgment of the trial Court has been challenged by the Food Inspector on the ground that the Judgment and order passed by learned Magistrate is against the law and evidence on record.

(2.) ACCORDING to the prosecution case, the accused was doing business of selling buffalo milk. On 5.6.2003, at 5:30 in the morning the complainant was on duty and he went near Rushabh Petrolpump, Rander Road, Surat. At that time, the accused was going for selling buffalo milk in two aluminum can in Tempo bearing No.GJ16 T7993. The complainant took the sample of milk for analysis. Thereafter, after completing the necessary procedure, the complainant sent the said sample to the Public Analyst for analysis. The Public Analyst submitted the report in which it has been found that the sample is adulterated. Upon receipt of the report the complainant, after obtaining sanction, filed complaint against the respondents original accused for breach of Sections 2(1A)(M), 7(1) and 16 of the Prevention of Food Adulteration Act in the Court of learned Judicial Magistrate First Class, Surat, being P.F.A.Case No.16 of 2003.

(3.) AT the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Magistrate vide impugned Judgment, acquitted the respondent accused.