SUDHIRFHANDRA B JOSHI Vs. ISHWARBHAI NATHABHAI PATEL

JUDGEMENT

(1.) The present appeal is directed against the judgement and order dated 2nd April 1991 passed by the learned Judicial Magistrate, First Class (Municipal), Baroda, in Criminal Complaint No.1489 of 1982, whereby the respondents-accused were acquitted of the offences alleged against them.

(2.) The prosecution case, in short, is to the effect that the Food Inspector had purchased chilly powder from the shop of the applicant on 11.1.1982 and sent the same for test to Public Analyser. Upon the inspection it was alleged that the sample was found to be adulterated and therefore a complaint came to be filed against the respondent nos.1 to 3 for the alleged commission of offences publishable under sections 7 and 16 of Prevention of Food Adulteration Act.

(3.) The case was numbered as Criminal Case No.339 of 1991. After recording necessary evidence, the learned Magistrate acquitted the respondents of the offences with which they were charged. It is against the aforesaid judgement and order the present appeal has been filed.