STATE OF GUJARAT Vs. RAMBHAI KARASANBHAI MALAM

JUDGEMENT

(1.) THIS is an Appeal preferred by the prosecution under Section 378 Crpc against the judgment and order of acquittal dated 5th December, 2003 passed by the learned Judicial Magistrate, First Class, mangrol in Criminal Case No. 6 of 1994.

(2.) THE complainant, the Food Inspector, Junagadh Circle lodged complaint against the respondent accused for commission of offence punishable under Sections 7 (1) and 7 (2) of the Prevention of Food Adulteration act, 1954 [hereinafter referred to as, the Act]. According to the complainant, the accused was the owner of the provision store situated at Shil, taluka-Mangrol. On 26th August, 1993, the accused was present at the said stores. The complainant had, with the consent of the accused, purchased a quantity of red chilly powder. The complainant sent a sample to the Public Analyst, bhuj. The Public Analyst, Bhuj opined that the said sample of chilly powder did not conform to the standards prescribed under the Act.

(3.) THE prosecution, in support of the case examined the complainant-Food Inspector and three others. The prosecution had produced on record, inter alia, the notification of appointment of the complainant as the Food inspector; panch nama; report of the Public Analyst; approval accorded by the Local Health Authority; the notice given to the accused under Section 13 (2) of the Act, etc. The learned Magistrate, having considered the evidence on record, gave the accused benefit of doubt and acquitted him. Therefore, the present Appeal.