STATE OF GUJARAT Vs. DHARAMSHIBHAI TULSHIBHAI TANNA(VENDOR)

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), is directed against the judgment and order of acquittal dated 10.12.2003 passed by the learned Judicial Magistrate First Class, Kalyanpur in Criminal Case No.189 of 1987, whereby the accusedrespondent herein has been acquitted of the charges for the alleged offences levelled against him.

(2.) THE brief facts of the prosecution case are that the complainant -Food Inspector has visited the shop of the accused -respondent herein and has taken the sample of Turmeric Powder. Thereafter, he purchased the same and paid the price, cash memo was taken and after following the necessary procedure, the sample was sent to the Public Analyst for analysis and as per the report of the Public Analyst, the sample was found to be adulterated. On these facts, the complaint was filed before the Magistrate Court, which was numbered as Criminal Case No.189 of 1987 against the accused -respondent herein.

(3.) AT the time of trial, evidence was led before the Trial Court. The documents were produced and oral evidence of the witnesses were also recorded by the Trial Court and after considering the oral as well as documentary evidence, the learned Magistrate has passed the order of acquittal which is impugned in this appeal.