STATE OF GUJARAT Vs. HIMATSINH KADVABBAI BARIA

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 4.3.1997 passed by the learned Special Judge, Panchmahals at Godhra in Special Case No. 9 of 1996, whereby, the learned trial Judge acquitted the original accused the respondent herein, of the charges for the offence punishable under Section 8(1) and 13(1) of the Rice Polished Regulation Act.

(2.) THE brief facts of the prosecution case are that on receiving information about the illegal work of rice polishing was being done by the accused person in his house, and therefore, on 20.2.1996, Officers of Civil Supplies Department have visited the premises and found that the accused is doing the rice polishing work without any pass or permit in his premises. Therefore, Superintendent of Civil Supplies Department has submitted his report to the District Magistrate. On 25.7.1996, the District Magistrate has ordered to lodge complaint before the Morva Police Station against the accused, and therefore, a complaint was lodged before the Morva Police Station under section 8(1) read with section 13(1) of the Rice Polished Regulation Act. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was filed against him, which was numbered as Special Case No. 9 of 1999. The trial was initiated against the respondent.

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