STATE OF GUJARAT Vs. RAJESHBHAI BABULAL SHAH

JUDGEMENT

(1.) HEARD Shri. M. A. Patel, learned Addl. Public Prosecutor for the appellant State of Gujarat and Shri. D. K. Modi, learned counsel for the respondent / original accused.

(2.) THE State of Gujarat Appellant has preferred this appeal under section 378 of the Code of Criminal Procedure, challenging the order of acquittal dated 23/3/2000 passed by learned Metropolitan Magistrate, Court No. 8, ahmedabad in Criminal Case No. 38 of 1997 acquitting the present respondent / original accused under section 7 (1) (5) and 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act' ). This court had granted leave and admitted the appeal vide order dated 27/06/2002.

(3.) THE facts in brief are as under :-