STATE OF GUJARAT Vs. JAGDISH CHANDRA ASHANDAS LALWANI

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by learned Chief Judicial Magistrate, Godhra in Criminal Case No.3352 of 1990 dated 11.3.1996 whereby the respondent was acquitted of the offence alleged under Section 2(1)(A)(B)(C) and (M) read with Rule 50, Section 7(1)(3) and (5), and section 16(1)(A)(1) and (2) of Prevention of Food Adulteration Act (for short 'the Act') against him.

(2.) The prosecution case, in nutshell, was that the respondent was dealing in groundnut oil and on 15.6.1990, at about 12.00 in the afternoon, a sample was collected from the stores of the accused by the complainant and after following the requisite procedure, the same was sent for inspection wherein it was found that the sample was not matching with the standards required under the Act. Accordingly a complaint came to be filed.

(3.) Mr. S.P. Hasurkar, learned APP, appearing for the appellant submitted that the trial court cannot acquit the respondent accused on technical ground. He submitted that the sample was taken from the shop of the accused after following requisite procedure under the Act and on analysis by the Laboratory, it was found that the sample was not matching with the standards required under the Act, and therefore the impugned order is illegal and requires to be quashed and set aside.