STATE OF GUJARAT Vs. KAUSHIK KUMA J DOSHI

JUDGEMENT

(1.) HEARD Shri Patel. learned Addl. P. P for the appellant State of Gujarat and Shri Mehta, learned counsel appearing for the respondent original accused. With the consent of counsel appearing for the respective parties, leave to appeal and appeal have been taken for final disposal as papers of Criminal Case No. 239 of 1995 have been placed on record by Shri Patel, learned Addl. P. P.

(2.) THE leave to Appeal and Appeal have been preferred by the appellant state of Gujarat under Section 378 of the Code of Criminal Procedure, 1973 (herein after referred to as 'the Code' for short) challenging the order of acquittal dated 27. 5. 2004 passed by the learned JMFC, Santrampur in criminal Case No. 239 of 2004 acquitting the respondent accused of the charges under Sections 2 (1-a) (a) (m), 2 (9) (d), 7 (1) (2) (3) (5) and under Section 16 (1) (a) (1) (2) of the Prevention of Food Adulteration Act, 1954 (herein after referred to as 'the Act' for short ).

(3.) THE case of the prosecution deserves to be narrated in brief as under.