STATE OF GUJARAT Vs. BABULAL DEVSHANKAR JOSHI

JUDGEMENT

(1.) IN this appeal, State has sought permission to challenge the judgement of acquittal recorded by learned Additional Chief judicial Magistrate, Morbi by his judgement dated 22-05-2003 rendered in criminal Case No. 755/1993.

(2.) THE case arose under the provisions of Food Adulteration Act. While acquitting the accused persons, learned Judge found that sole Panch witness who was examined had turned hostile. The other panch was not called as witness. It was additionally observed that complainant in his deposition clearly admitted that in support of Public Analyst Report, the complainant has not received necessary data. The complainant therefore, could not state whether the report of the Public Analyst was on the basis of what methodology of analysis. On the basis of these findings and also on the basis of his finding that the complainant did not have necessary authority to initiate the proceedings, the learned Judge recorded the finding of acquittal in favour of the accused persons.

(3.) I see no possibility of interference with the conclusions reached by the learned Judge. Primarily when the learned Judge found that there was no separate data along with Public Analyst Report which was produced before the Court and especially when the person who had carried out the analysis was not examined, in absence of supporting material, when the learned judge found that it is not possible to rely on such a report, I do not find that this is a fit case for interference. Leave to appeal is refused. Appeal dismissed. Appeal dismissed.