STATE OF GUJARAT Vs. HASMUKHLAL AMRUTLAL DOSHI

JUDGEMENT

(1.) HEARD Shri Patel learned APP for the appellant State and Shri Modi for the respondent-original accused. Shri patel learned APP has produced on record the case papers pertaining to the criminal Case No. 109/99. Both the counsels have requested that the leave to appeal and appeal be disposed of. On merits after taking into consideration the same and they be permitted to make submissions on merits, accordingly, this Court heard the counsels at length.

(2.) THE case of the prosecution could be set out in brief as under:

(3.) THE local health authority sanctioned vide letter dated 16/11/1998 for lodging prosecution against the accused for commission of offence u/s. 16 of the P. F. A. Act. The signatures of the sanctioning authority on the sanction letter was identified by the Food Inspector and the same was produced at Exh. 25. The complaint came to be lodged on 22nd September, 1999 which came to be registered as Criminal Case No. 109/99. The information in respect of lodging the complaint was transmitted to the local health authority so as to enable the local authority to issue notice u/s. 13 (2) to the accused along with the report of the public analyst as envisaged u/s. 13 (2) of P. F. A. Act. The accused was summoned. He pleaded not guilty and claimed to be tried. The evidence was recorded. The case of prosecution was put to the accused and his further statement came to be recorded u/s. 313 of the Code. The accused denied the case of the prosecution. The Court after perusing the record and proceedings and hearing the counsels of the respective parties at length came to the conclusion that the prosecution failed in proving its case beyond doubt and, therefore, acquitted the accused of the charge of commission of offence u/s. 7 (1)read with section 16 (1) (a) (i) and (ii) of the P. F. A. Act. This order of acquittal dated 15/10/2004 is sought to be impugned in the leave to appeal and appeal.