STATE OF GUJARAT Vs. DHARMESH JAGDISH PATEL

JUDGEMENT

(1.) THE present acquittal Appeal has been filed by the appellants under Section 378(1) (3) Cr. P.C., against the Judgment and order dated 16.1.2004, rendered in Food Criminal Case No.15 of 2003 by the learned 2nd Joint Civil Judge (S.D.) and learned Judicial Magistrate First Class, Nadiad. The said case was registered against the present respondent No.1 original accused for the offence under Sections 2(IA), (J), (M), (ix) (d), 7(i) (v) of the Prevention of Food Adulteration Act (for short "PFA Act"). The said Judgment of the trial Court has been challenged by the appellants on the ground that the Judgment and order passed by learned trial Court is against the law and evidence on record.

(2.) ACCORDING to the prosecution case, the respondent No.2 is doing the business of dairy product and the respondent No.2 is proprietor of the dairy farm. The original complainant received information that the respondent No.1 is selling mango milk shake at his dairy farm and same is not upto the mark fo quality which prescribed under the law and therefore, the complainant visited the place on 5.5.2003 at about 12:00 Hrs. He informed to the respondent No.1 about the complaint and therefore, the complainant Food Inspector, took the sample of Mango Milk Shake for the purpose of analysis. The panchnama was also prepared. Thereafter, after completing the necessary procedure, the complainant sent the saidsamples to the Central Food Laboratory, Vadodara, 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 No.1 original accused for the alleged offence. Therefore, aforesaid Criminal Case was registered.

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