STATE OF GUJARAT Vs. SOHANLAL TRIKAMCHAND SHAH

JUDGEMENT

(1.) In this appeal under Sec. 378 of the Code of Criminal Procedure 1973 ('the Code' for short), the appellant-State has challenged the judgment and order of acquittal passed by the learned J.M.F.C., Valiya on 27-10-1989 in Criminal Case No. 343 of 1986.

(2.) The respondents are the original accused persons, against whom the appellant who is the original complainant filed Criminal case for the alleged offences under Secs. 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 Dipak General Stores on 6-3-1984 and purchased 359 gms. of 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 chargesheeted for the offence punishable under Sec. 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, though examined, have not supported the prosecution case. The peon 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 relying on the report of the public analyst. *, against the order of acquittal passed by J.M.F.C., Valiya in Criminal Case No. 343 of 1986 dated 27-10-1989.