STATE OF GUJARAT Vs. JASWANTLAL MANEKLAL PATEL

JUDGEMENT

(1.) By way of this appeal, the State has challenged the judgment and order dated 30.9.1995 passed by the learned Chief Judicial Magistrate, Godhra, acquitting the present opponent for the offence punishable under sec. 2(b)(A), 7(1) and 7(8) of the Food Adulteration Act.

(2.) The fact of the case is that on 14.10.1987 at 15.00 hrs. the complainant Kantilal A. Patel, Food Inspector, has collected sample of SAjma from the shop of the opponent and filled in the Form No. 6 and sent it for analysis. The sample was collected in three bottles and after taking the same sent to the Laboratory and after receiving the report from the Public Analyst it was informed to the Health Authority, Nadiad and filed complaint under sec. 2(b)(A)(2) & 7(1),7(9) and under sec. 16(1)(O)(ii) of the Food Adulteration Act. Since the accused-opponent has not pleaded guilty, the Food Inspector complainant has examined himself and produced documents on the record.

(3.) After considering the various judgment in para-5, the trial court has found that the complainant was not qualified and even has not taken any training for 90 days and in view of the judgment reported in 1995 Cri.L.J. 592 (M.P. High Court) referred to in para-4 of the judgment, the trial court has come to the conclusion that the complainant is not qualified. Even otherwise, the sample collected was not in accordance with law and bottle was not clean and sterilized inspite of that the sample was collected. Keeping in mind the oral evidence on record, the trial court was justified in acquitting the accused- opponent.