STATE OF GUJARAT Vs. ABDULSATTAR HABIB

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Judicial Magistrate First Class, Kodinar dated 04.01.2003 rendered in Criminal Case No.1176 of 1993, whereby the learned Magistrate acquitted the original accused opponent herein of the charges for the offence punishable under Sections 7(1) and 16 of the Prevention of Food Adulteration Act, 1954.

(2.) THE brief facts of the prosecution case are that complainant -Food Inspector Shri R.A. Mundhava visited the place of the respondentaccused and has taken sample of kalamari which was sent to Public Analyst for analysis and as per the report of the Public Analyst, it was found below the standard as prescribed under the Prevention of Food Adulteration Act, 1954 and therefore, after obtaining necessary permission from Local Health Authority, a complaint was filed against the respondent -accused in the Court of learned Judicial Magistrate First Class, Kodinar.

(3.) AFTER completion of the investigation, the chargesheet filed before the learned Magistrate Court, which was, thereafter, numbered as Criminal Case No.1176 of 1993. Since the opponent -accused did not plead guilty and claimed to be tried, he was tried for the alleged offences.