RAJESHKUMAR CHANDULAL SHAH Vs. BABUBHAI JOITARAM PATEL

JUDGEMENT

(1.) THESE Criminal Appeals arise out of common judgment dated 24th September 1991 passed by the Judicial Magistrate, first Class, Prantij in Criminal Case No. 142 of 1998.

(2.) CRIMINAL Appeal No. 353 of 1992 has been filed by the original accused No. 3, who was held guilty of the charges levelled against him of offences punishable under Sections 7 (1) and 7 (5) of the Prevention of food Adulteration Act (hereinafter to be referred as the said act ). Criminal appeal No. 1 125 of 1991 has been filed by the State challenging the very same judgment by which original accused Nos. 1 and 2 came to be acquitted.

(3.) THE case pertains to alleged adulteration in Chilly Powder being sold by original accused No. 1-Mohanlal Devshankar Joshi, who was a retailer. The Food Inspector under the said Act visited the shop of accused no. 1 and from certain bags containing Chilly Powder collected the samples weighing 600 gms. and sealed the same in three different bottles and sent the samples for laboratory testing.