STATE OF GUJARAT Vs. SURESH K.SHAH

JUDGEMENT

(1.) This appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the order passed by the learned Chief Judicial Magistrate, Himmatnagar (hereinafter referred to as 'the learned Trial Court') in Criminal Case No. 1069 of 1996 on 11/1/2013, whereby, the learned Trial Court has acquitted the respondents - accused from the offences punishable under Ss. 2(1a) and 7(1)(5) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act').

(2.) The relevant facts leading to filing of the present appeal are as under:

(3.) Being aggrieved and dissatisfied with the impugned order passed by the learned Trial Court, the appellant - State has filed the present appeal mainly stating that the impugned judgment and order of acquittal passed by the learned Trial Court is contrary to law and evidence on record. The learned Trial Court has erred in evaluating the documentary evidence on record of the case and without appreciating the evidence in its real perspective, acquitted the accused. The learned Trial Court ought to have call the incharge Food Inspector in place of the deceased Food Inspector Dilipkumar Trambaklal Trivedi and on behalf of the department, he could have deposed on the basis of the record available which was not done at the relevant time. The learned Trial Court has erred in not appreciating that there is no reason for not taking any oral evidence in absence of the complainant, who expired, as the panch witness was available and the Food Inspector was also available, but no oral evidence have been recorded. The learned Trial Court has passed the impugned order of acquittal without giving any cogent and convincing reasons and the same is illegal, invalid and improper, and therefore, the same requires to be quashed and set aside.