STATE OF GUJARAT Vs. RAMESHBHAI AMATHABHAI RABARI

JUDGEMENT

(1.) HEARD Shri Mukesh Patel, learned Addl. P. P. for the appellant State of Gujarat, Shri D. K. Modi for the respondent No. 1 original accused and Shri K. R. Raval, learned advocate for the respondent no. 2 original complainant.

(2.) THIS acquittal appeal is preferred by the State of Gujarat under section 378 of the Code of Criminal Procedure (hereinafter referred to as 'the Code' for short) challenging the order dated 26. 9. 1995 passed by the learned Judicial Magistrate First Class, Deesa in Criminal Case No. 934 of 1992 acquitting the respondent No. 1 original accused of the charges under Sections 7 and 16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act' for short ). The appeal was admitted by this Hon'ble Court (Coram: Ms. R. M. Doshit, J.) vide order dated 6. 2. 1997 as the leave was granted.

(3.) THE respondents appeared to be duly served, however at the time of hearing the matter, none appeared for the respondent No. 1, therefore, learned counsel Shri D. K. Modi was requested to assist the Court on behalf of respondent No. 1 and Shri Modi has accepted the request.