STATE OF GUJARAT Vs. MANEKLAL B BHAGIDAR

JUDGEMENT

(1.) This appeal is directed against the jdugement and order dated 8th June 1984 passed by learned Judicial Magistrate,First Class, Morbi, in Criminal Case No.1248 of 1983 whereby the learned Magistrate has acquitted the respondents of the charges levelled against them.

(2.) The prosecution case, in short is that the Food Inspector appointed by the State of the local area of Morbi has visited the shop of the respondents on 25th October 1983 and has collected samples of sweets. After following the procedure the samples were sent for laboratory analysis. On receipt of the report it was alleged that the food was found to be adulterated and therefore a complaint came to be filed against the respondents for the alleged commission of offences punishable under sections 7 and 16 of the Food Adulteration Act.

(3.) Learned Advocate for the appellant has contended that the public analysis found that the silver leaves did not conform to the standard laid down under the Rules. She further submitted that the samples did not conform to Rule 16 and the trial court has erred in accepting the defence of the accused that the silver leaves used in the sweet was not manufactured by the accused.