STATE OF GUJARAT Vs. BHAGCHAND GANESHMAL SHA

JUDGEMENT

(1.) THE Appellant State of Gujarat has preferred this Appeal under Section 378 of the Criminal Procedure code (hereinafter referred to as the Code for the sake of brevity)challenging the order of acquittal dated 19. 10. 2003 passed by the Judicial magistrate First Class, Bardoli in Criminal Case No. 302 of 1992 acquitting the Respondent / original accused of the charges punishable under Sections 2, 7 and 16 of the Prevention of Food Adulteration Act, 1954 (hereinafer referred to as the Act for the sake of brevity) and has sought leave to maintain Appeal against the impugned judgement and order of acquittal.

(2.) THIS Court (Coram: Akil Kureshi,j) on 7. 4. 2006 issued notice to the Respondent calling upon the Respondent to show-cause as to why the leave as prayed for shall not be granted. The notice was made returnable on 5th of May 2006.

(3.) IN response to the notice the learned counsel Shri Gajendra P. Singh appeared and made submission at length for sustaining the judgement and refusing the leave to appeal.