STATE OF GUJARAT Vs. RAMNIKLAL KANJIBHAI MEHTA

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 23rd August 1999 passed by the learned Joint Judicial Magistrate, First Class, Mahuva in Criminal Case No.142 of 1994 whereby the respondents were acquitted of the charges levelled against them.

(2.) The prosecution case against the appellant, in short, is to the effect that on 2nd September 1993, the Food Inspector visited the shop of the respondent and collected samples of Papad. After following the procedures the samples were sent for laboratory analysis. On receipt of the report it was alleged that the samples were adulterated and therefore a complaint came to be filed against the respondents under sections 7(ii) and 16(i)(A) of Prevention of Food Adulteration Act.

(3.) Learned Advocate for the appellant has contended that the trial court has failed to appreciate that the accused no.1, the seller and the accused no.2 the manufacturer are directly responsible for selling misbranded food articles. He further submitted that the trial court committed an error in holding that there is no standard for duplication of Papad provided under the Act and therefore it cannot be said that the sample of misbranded. He, therefore, submitted that the appeal deserves to be allowed.