STATE OF GUJARAT Vs. RATILAL MAGANLAL SHAH

JUDGEMENT

(1.) The respondents are the original accused persons. The appellant is the original complainant-Food Inspector who visited the shop of accused No. 1, on 30-7-1986 and purchased groundnut oil of 'Utsav' brand for the purpose of analysis on the suspicion that it was being sold in contravention of the provision of Prevention of Food Adulteration Act, 1954 ('Act' for short). One of the samples collected from groundnut oil tin was sent to the Public Analyst for examination and report. The report of the Public Analyst indicated that the groundnut oil was sold by the accused No. 1 from his shop in contravention of provisions of the Act as it was found to be adulterated. The charge was framed against the accused persons under Sec. 7(1) read with Sec. 16 of the Act.

(2.) At the end of the trial, after examining the evidence on record, the trial Court found accused not guilty. With the result, the accused came to be acquitted from said charges against him which is being precisely under challenge in this appeal under Sec. 378 of the Code of Criminal Procedure ('Code' for short).

(3.) The acquittal judgment and order was recorded in Criminal Case No.1513 of 1987, on 14-2-1990, by the learned J.M.F.C., Surat, at Vyara, acquitting all the accused persons of the charges against them.