FOOD INSPECTOR Vs. BHAGWAN DAS SUNDERLAL VATVANI

JUDGEMENT

(1.) THIS Criminal Misc. Application has been filed by the Food Inspector of Billimora Nagarpalika, as a complainant before the Court of Additional Chief Judicial Magistrate, Gandevi seeking permission of the Court to file appeal against the judgement of acquittal. The judgement in question was rendered by the Additional Chief Judicial magistrate, Gandevi on 13-01-2005 in Criminal Case No. 4377/2002. By the said judgement, the accused were acquitted of the charges levelled against them. The case was filed against the accused-respondents herein under the provisions of Prevention of Food Adulteration Act.

(2.) ON two previous occasions i. e. on 24-03-2006 and 28-03-2006, though the matter was called out twice, learned advocate for the applicant was absent on each occasion. Today also the matter was called out twice, but the learned advocate Shri Vyas had not appeared before the Court and I therefore, had no choice but to proceed with the matter in absence of the learned advocate.

(3.) WITH assistance of learned APP for the State Government-respondent no. 7 herein, I have perused the material on record. The trial Court found that the food item i. e. Gutkha in the present case was purchased by the retailer in sealed packets. He was therefore, granted the benefit of warranty. The accused no. 1 and accused no. 2 were therefore, acquitted of the charges levelled against them. The trial Court also found that the original manufacturer has not been joined as accused and no sanction has been obtained from the competent Authority to prosecute the original manufacturer. It was held that accused no. 5-Dhariwala Industries Ltd. , Vadodara is shown as manufacturer whereas at the said place, the offending goods were not manufactured. The accused no. 5-industry and accused no. 6-nominee were therefore, acquitted. The accused no. 3 and accused no. 4 were the distributors. Since they were acting as agents and they had purchased the material from Dhariwala industries, Pune, they were also acquitted.