STATE OF GUJARAT Vs. MOHANLAL RAMAVTAR JOSHI

JUDGEMENT

(1.) THE present appeal, under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), is directed against the judgment and order of acquittal dated 28.09.2000 passed by the learned Additional Sessions Judge, Vadodara in Criminal Appeal No.8/1991, whereby the learned Trial Judge acquitted the original accused of the charges for the alleged offences.

(2.) THE brief facts of the prosecution case are that the complainant -Food Inspector purchased sample of buffalow milk from the accused on 18.09.1988 and sent the same for analysis. On analysis by the public Analyst, it was found to be adulterated and did not confirm to the standard laid down under the provisions of the Food Adulteration Rules, 1955. On these facts, the complaint was filed before the learned Magistrate Court, which was numbered as Criminal Case No.2375/1988 against the accused.

(3.) AT the time of trial, evidence was led before the Magistrate Court. The documents were produced and oral evidence of the witnesses were also recorded by the learned Magistrate Court and after considering the oral as well as documentary evidence, the learned Magistrate Court passed an order dated 25.02.1991, whereby the accused were convicted and they were ordered to undergo six months imprisonment with a fine of Rs.1,000/ -. Against which, the original accused -present respondents preferred Criminal Appeal No.8/1991 before the learned Additional Sessions Judge, Vadodara in Criminal Appeal No.8/1991. The learned District Judge passed the judgment and order of acquittal and quashed and set aside the order of the learned Magistrate, Vadodara.