STATE OF GUJARAT Vs. GULABGIRI SHAMBHUGIRI GOSWAMI

JUDGEMENT

(1.) THE appellant-State of Gujarat has preferred this leave to appeal and appeal under Section 378 of the Code of Criminal procedure challenging the order of acquittal dated 2. 5. 2006 passed by learned JMFC Maliya-Hatina in Criminal Case No. 113 of 1994 acquitting the present respondent original accused of the charge of committing an offences punishable under Sections 7 and 16 of the Prevention of Food adulteration Act, 1954 (hereinafter referred to as 'the Act' for short ).

(2.) SHRI Patel, learned APP has produced on record the copy of relevant papers of Criminal Case No. 113 of 1994 and taken this Court through the deposition of the Food Inspector, original complainant, that of panch witness, who has turned hostile and report of the Public Analyst in detail. Shri Patel has advanced his submission on merit of the Appeal at length seeking leave to maintain appeal against the order impugned.

(3.) BRIEF facts leading to filing of this leave to appeal and appeal deserve to be set out as under.