STATE OF GUJARAT Vs. BABU LAVJI JALIA

JUDGEMENT

(1.) In this appeal under Section 378 of the Code of Criminal Procedure, 1933 ('the Code' for short), the appellant-State has challenged the judgment and order of acquittal passed by the learned J.M.F.C., Amreli on 25-7-1991 in Criminal case No. 549 of 1987.

(2.) The respondent is the original accused person against whom the appellant who is the original complainant filed Criminal case for the alleged offences under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 ('the Act' for short) in the court of the learned J.M.F.C., Amreli. The food inspector visited the shop of the accused person run in the name of Umiya Krupa Kirana Stores on 30-9-1986 at about 12.40 noon and purchased groundnut oil which was collected in a stainless steel vessel. The sample was then put in a phial and sent to the public analyst for report and upon receipt of the report, it was found that the food sample was adulterated. Therefore, a complaint was filed and the accused persons came to be charge- sheeted for the offence punishable under Section 16 of the Act.

(3.) The Trial Court, on the facts and circumstances, found that the prosecution had failed to prove its case. It is also observed in the judgment of the Trial Court that the panchas are not examined and the peon Mr. Murari who had helped the complainant at the time of collecting the food sample is also not examined. Therefore, the Trial Court thought it expedient not to convict the accused only relying on the report of the public analyst.