STATE OF GUJARAT Vs. ASHOK KUMAR AASANDAS KOTAK

JUDGEMENT

(1.) HEARD learned counsels for the parties. Shri. H. N. Joshi, learned counsel appearing for the respondents/ original accused submits that no useful purpose is likely to be served as it is clear from the order of acquittal impugned in this matter that the original complainant Food Inspector who was responsible for collecting sample food article could not be examined on account of his demise before the time of evidence. Shri. Patel learned APP for the appellant State has submitted that he be heard on merits at the admission stage. Shri. Patel has produced on record relevant case papers of Criminal Case No. 2735 of 1996.

(2.) THE facts in brief leading to filing of this appeal and leave to appeal deserve to be set out as under:-

(3.) SHRI. Patel, learned APP has submitted that non availability of the original Food Inspector who was responsible for collecting the sample on account of his sad demise cannot militate against the case of the prosecution so as to permit the accused to go scot free when the sample food article was not in conformity with the standards prescribed under the PFA Rules, as it is clear from the opinion of the Public Analyst on record. Shri. Patel has submitted that the documents otherwise go to show that the mandatory provisions of the PFA Act and Rules had been duly complied with and therefore the accused ought to have been convicted and punished appropriately.