STATE OF GUJARAT Vs. AMRUTBHAI SENDHABHAI PATEL

JUDGEMENT

(1.) THE appellant state of Gujarat has preferred this appeal under Section 378 of the Code of Criminal procedure, 1973 (hereinafter referred to as 'the Code' for short) challenging the order of acquittal passed by the Sessions Court, navsari dated 20. 10. 2004 passed in criminal Appeal No. 39 of 2000 setting aside the order of conviction dated 15. 7. 2000 passed by the Chief Judicial Magistrate, Navasari in Criminal Case No. 6742 of 1998, acquitting the respondent original accused of the charge of committing an offence punishable under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act' for short ).

(2.) LEARNED APP Shri Patel has produced copies of relevant papers pertaining to criminal Case No. 6742 of 1998 and Criminal appeal No. 39 of 2000 for perusal of this court. Shri Patel has addressed this Court on merits of the Appeal right at the stage of seeking leave to Appeal and taken the Court through the relevant papers pertaining to criminal Case No. 6742 of 1998 and criminal Appeal No. 39 of 2000 and made elaborate submissions on merits. Shri Joshi, learned advocate for Mr. Pardiwala, learned counsel appearing for the respondent original accused also made elaborate submissions on the merit of the matter.

(3.) BRIEF facts leading to file this appeal deserves to be set out as under.