(1.) This appeal is directed against the judgment and order dated 30.4.1993 passed by the learned 2nd Jt. Judicial Magistrate, First Class, Amreli in Summary Case No. 1388 of 1990, whereby, the respondent was acquitted of the offences punishable u/s. 7 and 16 of the Prevention of Food Adulteration Act.
(2.) The brief facts of the prosecution case are as under:
(3.) That on 30.11.1989 at about 1.00 hrs. the sample was collected from the shop of respondent. Accused no. 1 - Kalyan Dahyabhai was not present but his son Girishbhai was doing the business in that shop. After following the procedure, the present complainant has collected the sample of SMogaldal (Kathol) and after following the procedure, panchnama was prepared and the same was sent for analysis. The sample was taken in clean bottle and was sealed in the presence of panchas. However, subsequently, at the time of trial, the panch has turned hostile and considering the evidence on record, more particularly, para-7 of the judgment, the trial court has acquitted the present respondent.