STATE OF GUJARAT Vs. MANOJ BHAI BASARMAL DATVANI

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. 5. 1997 passed by the learned Chief Judicial Magistrate, nadiad in Food Case No. 8 of 1992, whereby the Chief Judicial Magistrate, nadiad had acquitted the accused from the offence punishable under Sections 2 (ia), 2 (ia)m, 7 (1) and 16 (1) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') under the provisions of Section 248 of Criminal Procedure Code.

(2.) THE short facts giving rise to this appeal are such that: the sample of groundnut oil was collected from the shop of the ownership of accused No. 1 by name Manohar kirana Store on 21. 2. 92 at about 14. 00 hours in the afternoon and on sending the same for analysis to the Public analyst, it was found adulterated. Therefore, necessary sanction to prosecute the accused was obtained and the complaint was filed against the accused.

(3.) AFTER receiving the complaint, summons were issued to the accused and on the application at Exh. 3 being given, accused nos. 2 and 3 were added. Thereafter, the charge was framed against the accused and as the accused pleaded not guilty and claimed to be tried, after recording the evidence and hearing the learned counsel for both the sides, learned Chief Judicial Magistrate acquitted the accused from the offence punishable under Section 2 (ia), 2 (ia)m, 7 (1) and 16 (1) of the Prevention of Food adulteration Act, 1954 of the Act under Section 248 (1)of Criminal Procedure Code, against which the present appeal is filed.