STATE OF GUJARAT Vs. NARESHKUMAR GORDHANDAS HOTVANI

JUDGEMENT

(1.) The applicant-State of Gujarat has preferred this Revision Application challenging the order dtd. 30/4/2011 passed below Application Exh. 84 by learned Chief Judicial Magistrate, Himmatnagar in Criminal Case No. 2783 of 2006, by which the respondents-accused have been discharged.

(2.) Heard learned APP Mr. N.J. Shah for the applicant-State and learned advocate Mr. D.K. Modi for the respondents-accused.

(3.) Learned APP submitted that on 4/2/2006, Food Inspector visited the shop of the accused No. 1 alongwith Panch. At that time, accused No. 1 was present. He was selling mints and biscuits etc. The Food Inspector after following procedure, purchased three packets of Jesco Glucose biscuits, each of 250 Gram after making payment and thereafter, after following procedure prescribed under the provision of The Prevention of Food Adulteration Act (hereinafter referred to as 'the Act' for short) as well as The Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as 'the Rules' for short) send the samples to local health authority for analysis. As per the report received from the public analyst, the sample in question was not as per the prescribed standard and therefore after obtaining necessary sanction from the competent authority, Criminal Case No. 2783 of 2006 came to be registered against the respondents-accused. Learned APP thereafter submitted that Trial Court conducted the trial and convicted the accused for the offense punishable under Sec. 7(1) of the Act and imposed punishment to remain present in the Court till rising of the Court and fine of Rs.1,000.00 was imposed. Against the said order, the State preferred Criminal Appeal No. 1092 of 2010 before this Court for enhancement of the sentence. This Court by an order dtd. 20/12/2011, quashed and set aside the said order and remanded the matter back to the Trial Court for deciding the same on merits and in accordance with law. Thereafter, before the Trial Court, the respondents-accused submitted an application Exh. 84 under Sec. 245(2) of the Code of Criminal Procedure, 1973 and requested for discharging them. The Trial Court by an impugned order, discharged the respondents-accused and therefore, this Revision Application is preferred.