STATE OF GUJARAT Vs. RAJESH MAGANLAL

JUDGEMENT

(1.) The appellant State has filed this appeal challenging the judgment and order passed by learned Judicial Magistrate, First Class, Dwarka in Criminal Case No.115 of 1996 dated 21.1.1995 whereby the respondent was acquitted of the offence alleged under Sections 7 and 16 of Prevention of Food Adulteration Act against him.

(2.) The prosecution case, in brief, was that a sample of lemon syrup was taken from the place of manufacture of the accused on 30th June, 1986 and the same was sent for analysis and as per the analysis report, lemon syrup was not as per the provisions of Prevention of Food Adulteration Act and the Rules made thereunder Accordingly a complaint came to be filed. After recording necessary evidence, learned Magistrate acquitted the respondent of the offences for which he was charged. It is against the aforesaid judgment and order, the present appeal has been filed.

(3.) Mr. S.P. Hasurkar, learned APP, appearing for the appellant submitted that the trial court has committed an error in acquitting the accused on the ground that the sample was taken from the residence but in the notice it was stated that it was taken from the shop. Apart from that, there are contradictions in the findings of the trial Court that whether it is lemon syrup or carbonated water and in that view of the matter the trial Court has committed serious error in acquitting the accused. It is therefore requested to allow the present appeal.