STATE OF GUJARAT Vs. KANUBHAI KESHAVLAL PATEL

JUDGEMENT

(1.) HEARD Shri I. M. Pandya, learned Addl. P. P. for the appellant State of Gujarat and Shri Modi, learned advocate for the respondent Nos. 2 and 3. The respondent No. 1 has remained unserved.

(2.) THE appellant - State of Gujarat has preferred the present appeal under Section 378 (1) (3) of the Code of Criminal Procedure, 1973 (herein after referred to as 'the Code' for short) against the order of acquittal dated 20. 12. 2002 passed by the learned Chief Judicial Magistrate, Kheda at Nadiad in Criminal Case No. 3 of 1999, whereunder, the original accused present respondent Nos. 1 to 3 were acquitted of the charges under Sections 2 (1a) (a) (m) and 16 (1a) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act' for short ). The State has sought leave to prefer appeal as this being an appeal against the order of acquittal.

(3.) BRIEF facts deserves to be narrated as under :-The original complainant Food Inspector while discharging his duties at Nadiad, had visited the shop of the original accused No. 1 at about 14-30 hrs. situated at Vaishali Road. The original complainant after introducing himself as Food Inspector, purchased 500 grams of standardized milk from the seal pack bags of 200 grams. The requisite notice under Form No. 6 was issued and signatures were obtained. The payment for purchasing the sample food article was made and receipt thereof was obtained. The bag was containing the name of the producer i. e. Kapur Dairy, Vijapur. Therefore, the producer was also issued notice under Form No. 6 as per Rule 12 of the Rules and the signatures of the panch witnesses and accused No. 1 was obtained. The Food Inspector, thereafter, collected the food article in dry odourless glass bottles and before pouring it in glass bottles, it was collected in one bowl and stirred property so as to make it homogeneous. The sample was collected in accordance with provisions of Prevention of Food adulteration Rules, 1955 (herein after referred to as 'the Rules' for short)and it was divided into three parts and the requisite amount of preservatives formalin was also dropped into it and the bottles were sealed in accordance with law. The required labels containing details were also pasted on the sample bottles and one part of the sample was sent to the Public Analyst, Rajkot and remaining two parts were sent to the Local Health Authority, Nadiad on 27. 5. 1998. On 2. 6. 1998, the accused No. 2 was also sent notice in Form No. 6 under Rule 12 of the Rules. The report of the Public Analyst indicated that the sample food article was adulterated and it was not in conformity with the standards prescribed under the Act and rules. The necessary letter was sent to Kapur Dairy, the producer on 30. 9. 1998 for seeking their document regarding the constitution etc. The Local Health Authority after going through the papers, issued necessary sanction for lodging the prosecution and complaint came to be filed. The trial Court after completion of the trial, came to the conclusion that the prosecution has failed in establishing the guilt on the part of the accused and therefore, the order of acquittal was recorded acquitting the accused of the charges on 20. 12. 2002 in Criminal Case No. 3 of 1999. This order is impugned in the present appeal by the appellant State of Gujarat.