SAIYADMOHMAD ALARAKH Vs. PRAVINLAL MADHAVLAL BHATT

JUDGEMENT

(1.) The complainant-Food Inspector of Bhavnagar Municipality has filed this appeal against the order of acquittal recorded in favour of accused No. 1 and 2 by the learned Judicial Magistrate First Class at Bhavnagar in Criminal Case No. 367 decided by him on 24th September 1973. By the impugned order the learned Magistrate has acquitted both the accused of the charge under sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act 1954

(2.) The facts of the case briefly stated are as follows :-

(3.) The Food Inspector thereupon obtained the necessary sanction to prosecute the accused. After having obtained it he instituted the present prosecution against the accused He led his own evidence and the evidence of P. W. Suleman Karim and produced the report of the Public Analyst. The learned Magistrate at the end of the trial took the view that P. W. Suleman Karim was a butcher and was therefore under great influence of the Food Inspector who was also the Sanitary Inspector. In his capacity as the SanitarY Inspector the complainant Food Inspector was required to discharge some duties in regard to the maintenance of sanitation in the premises where P. W. Suleman Karim had been or was supposed to carry on his slaughtering operations. He therefore disbelieved the evidence of P. W. Suleman Karim and acquitted the accused.