A.S.LINESWALA Vs. MIRCH MASALA RESTAURANT

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 3/1/2002, passed by the learned Judicial Magistrate, First Class, (Municipal Court) at Surat, in P.F.A. Case No.25 of 1997, for the offences punishable under Ss. 7(1) and 16 of the Prevention of Food Adulteration Act, 1954 ('the PFA Act' for short), the appellant Surat Municipal Corporation has preferred this appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short, "the Code").

(2.) The prosecution case as unfolded during the trial before the learned trial Court, in a nutshell, is that on 25/10/1996, the appellant the complainant i.e. Food Inspector, upon instructions from the L.H.A., has visited the 'Mirch Masala Restaurant' at Surat; at that time, accused No.3 was present and after primary investigation, he has visited the kitchen, which was very unhygienic, there were defects in water connections, water was stored, many cockroaches and flies were there, there is filth and oil on the platform; and that took sample of 600 g.m. curd from storage curd of 3 k.g. kept in aluminum pot, divided in three parts, added preservative, sent one sample to the laboratory for analysis; and that there was a report from the laborary with regard to the sample concerned that there is less fat of 2.2% instead of 6% as per rules; and that after obtaining the permission, the complaint was filed by the complainant against the accused in the Court of learned Judicial Magistrate, First Class (Municipal Court), Surat being P.F.A. Case No.25 of 1997.

(3.) The accused pleaded not guilty to the charge and claimed to be tried. Thereafter, the prosecution led various evidence mentioned in paragraph 2 of the impugned judgment and on the conclusion of the trial, the learned J.M.F.C. (Municipal Court), Surat, passed the impugned judgment and order.