LAWS(GJH)-2015-2-133

STATE OF GUJARAT Vs. PARSHOTTAMDAS AASUMAL KHIMANI

Decided On February 18, 2015
STATE OF GUJARAT Appellant
V/S
Parshottamdas Aasumal Khimani Respondents

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 16.3.1999 passed by the learned Chief Judicial Magistrate, Godhra in Criminal Case No. 16/1994 whereby the accused has been acquitted of the charges under sec. 2(1A)(A)(B)(C)(1)(1), 2(9)(d) (1) and section 7(1)(3) (5) of the Prevention of Food Adulteration Act, leveled against him.

(2.) THE brief facts of the prosecution case are as under:

(3.) IT was contended by learned APP Ms Bhatt for the appellant that the judgment and order of the learned Magistrate is not proper, legal and it is erroneous. She has also argued that the learned Magistrate has not considered the evidence of the witnesses. She has argued that Food Inspector has followed the rules prescribed by law and he has also followed the procedure of taking the sample and the contents of Form No. 6 etc are just and proper. The sample was seized and sealed properly. Yet, the learned Magistrate has not considered the evidence of prosecution. Therefore, the order impugned in this appeal passed by the learned Magistrate requires to be quashed and set aside.