STATE OF GUJARAT Vs. SHANTILAL KANIYALAL PANCHAL

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 29.12.2005 rendered by learned Judicial Magistrate, First Class, Matar in Criminal Case No.3 of 1992.

(2.) The short facts giving rise to the present appeal are that on 20.5.1991 at about 12.10 hours, the complainant obtained edible oil sample for analysis in the presence of the witness from accused Shantilal Keshavlal Panchal Vishwakarma Kirana Stores by intimating the same in writing to the accused on payment of Rs.16/- in cash. Thereafter, the said sample of edible oil was packed in three bottles and obtained the signatures of the seller and witness. Out of the said three bottles, one bottle was sent to the Public Analyst, Vadodara for analysis and on the same day i.e. on 20.5.1991 remaining two sealed bottles were sent to the competent authority at Nadiad. Thereafter, the Public Analyst forwarded his report to the competent authority at Nadiad which was also received by the complainant. In the said report, it is stated that the sample edible oil is adulterated because of the presence of caster oil which is in breach of the provisions of the Food Adulteration Act, 1954 (for short "the Act") and the Rules framed thereunder. It is alleged that, therefore, the sample of edible oil was adulterated and, thereby, the accused have committed the offence. Hence, the complaint came to be lodged against the respondent accused.

(3.) In pursuance of the complaint, the summons were issued against the accused and the accused appeared before the learned Magistrate in pursuance of the summons.