STATE OF GUJARAT Vs. NAJMUDDIN FAKRUDDIN NALAWALA

JUDGEMENT

(1.) THE appellant State of Gujarat has preferred this Appeal under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) challenging the order of acquittal dated 30. 6. 2004 passed by the learned JMFC, Santrampur in criminal Case No. 678 of 1995 acquitting the present respondents original accused Nos. 1 and 2 of the charges punishable under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act' for short ).

(2.) LEARNED counsel for the parties were permitted to address this Court on merits of the case while considering the question as to whether the leave to appeal deserves to be granted or not. Learned APP Shri Patel has produced on record the relevant papers of Criminal Case No. 687 of 1995. The same is taken on record.

(3.) BRIEF facts leading to filing this leave to appeal and appeal deserves to be set out as under.