STATE OF GUJARAT Vs. SADRUDIN JIVABHAI MANKAJIYA

JUDGEMENT

(1.) BY way of this petition, the petitioner has prayed for quashing and setting aside the order dated 24/6/2004 passed by the additional Sessions Judge, 4th Fast Track Court, Patan thereby upholding the order passed by the 2nd Joint Judicial Magistrate, First Class, Patan.

(2.) IT is averred that the LCB, Patan received a tip that large quantities of duplicate Ghee are lying in the veranda of respondent no. 2 which were to be transported to Bombay. Therefore, the LCB alongwith the panchas went to the said place and found 224 tins of Ghee without bill. The police on suspicion about the quality of the Ghee seized the same and sent the samples for analysis. As per the analysis report, the ghee in question was found to be adulterated as the same contained turmeric. The respondent therefore filed an application before the 2nd Joint JMFC, Patan praying for returning the seized Ghee but the same was rejected. Being aggrieved by the said order, he approached the Additional Sessions Judge by way of criminal Revision Application No. 30 of 2004 whereby the trial court quashed the order passed by JMFC and ordered that the seized tins of ghee should be returned to the respondent no. 1 herein. Hence the present petition.

(3.) MS Hansa Punani, learned APP appearing for the petitioner State has submitted that the trial court ought to have seen that the Public Analyst has reported that the sample sent by the Food Inspector is not as per the standard laid down by the Prevention of Food Adulteration Rules, 1955. She has further submitted that the trial court has not properly appreciated the documentary evidence produced before it by the prosecution and therefore calls for interference by this Court.