STATE OF GUJARAT Vs. JITENDRA TULSIDAS

JUDGEMENT

(1.) THIS is an appeal filed by the appellant state under Section 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 7. 4. 1995 passed by the learned judicial Magistrate, First Class, Khambaliya in Criminal Case No. 271 of 1987, whereby the learned Judicial Magistrate, First Class, Khambaliya had acquitted the accused from the offence punishable under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') under Section 248 (1) of Criminal Procedure Code.

(2.) THE short facts giving rise to this appeal are such that : the present complainant collected the sample of catechu used for the purpose of preparing pan from the shop of the partnership firm of the accused on 16. 10. 86 which was collected and stored by the accused for the purpose of sale and sent the sample for analysis and after receiving the report of the Public Analyst, it was found that the said lime was adulterated and was not found as per the standard laid down under the Act. Therefore, necessary sanction to prosecute the accused was obtained and complaint was filed against the accused.

(3.) AFTER receiving the complaint, summons were issued to the accused, the charge was framed against all the accused and as all the accused pleaded not guilty and claimed to be tried, after recording the evidence and hearing the learned counsel for both the sides, learned Magistrate acquitted the accused from the offence punishable under Sections 7 and 16 of the act under Section 248 (1) of Criminal Procedure Code against which the present appeal is filed.