STATE OF GUJARAT Vs. BORICHA JIVRAJBHAI BADHABHAI

JUDGEMENT

(1.) By way of this Appeal, the State has challenged the judgment and order passed by the learned Special Judge, Bhavnagar dated 10th November, 1993 passed in Summary Case No.8 of 1992, acquitting the present respondent-accused for the offence punishable under Section 3 and 7 of the Essential Commodities Act .

(2.) It is the case of the Prosecution that during the inspection at the premises of the respondent-accused, the Inspector found that quality of the kerosene was not upto the standard and therefore the sample was taken and sent for analysis and same was found adulterated. However, at the conclusion of the trial, the learned Special Judge has acquitted the respondent-accused by holding that sample was not taken properly and the person who took sample was not authorized person.

(3.) Having gone through the evidence on record and mainly the discussion made by the learned Judge, more particularly, paragraph 5, I am in full agreement with the finding recorded by the learned trial Judge that the sample was not taken properly and the person who took the sample was not authorized.