LAWS(GJH)-2015-1-113

STATE OF GUJARAT Vs. MOHMMEDBHAI KURBAN HUSSEIN PATEL

Decided On January 06, 2015
STATE OF GUJARAT Appellant
V/S
Mohmmedbhai Kurban Hussein Patel Respondents

JUDGEMENT

(1.) BY way of this Appeal, the Appellant State has felt aggrieved by the acquittal of the eight accused who were arraigned for commission of offences under the Prevention of Food Adulteration Act, more particularly under Sections 7(1)(3), 24 - 2(B) read with Sections 16(1)(A)(1)(B) of the said Act and who were acquitted vide judgment and order dated 26.06.2002 passed by the learned Judicial Magistrate First Class, Mandvi.

(2.) THE short facts of the prosecution case are as under : - The complainant Food Inspector purchased turmeric powder from the shop of the accused No.1 and after following the due procedure sent the same to the Public Analyst for analysis. The Public Analyst reported that the sample of turmeric powder did not conform to the standards and provisions laid down under the Prevention of Food Adulteration Rules, 1955.

(3.) TO prove the case against the present accused, the prosecution has examined about two witnesses, and the prosecution also produced documentary evidence on record.