STATE OF GUJARAT Vs. LAXMI INDUSTRIES & 2

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 20.5.2005 rendered by learned Additional Sessions Judge, 10th Fast Track Court, Panchmahal @ Godhra in Criminal Appeal No.16 of 2001.

(2.) The short facts giving rise to the present appeal are that on 18.1.1996, the complainant visited the firm of Dipchand Gangaram who is dealing in edible oil and obtained sample of edible oil. It is the case of the prosecution that after analysis, it is reported that the sample of edible oil was as per the prescribed standard, but on the lable of the bottle, necessary code number, lot number, batch number, month of production or year were not mentioned and, therefore, it is in breach of Rule 32(e) and 32(f) of the Prevention of Food Adulteration Rules and hence, the said sample was found to be misbranded. Hence, the complaint came to be lodged against the respondents 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.