STATE OF GUJARAT Vs. KIRODIMAL DEVKINANDAN SHAH

JUDGEMENT

(1.) By way of this Appeal, the appellant State has challenged the judgment and order dated 7th August 1993 passed by the learned Judicial Magistrate (FC), Borsad in Criminal Case No. 531 of 1985 for the offence punishable under Section 2(1-A)(B)(C)(J)(L), 7(1)(v), 16(1)(a)(1) and 37 of Prevention of Food Adulteration Act.

(2.) The facts of the prosecution case are as under;

(3.) The principles which would govern and regulate the hearing of appeal by this Court against an order of acquittal passed by the trial Court have been very succinctly explained by the Apex Court in catena of decisions. This Court has the power to re-consider the whole issue involved in the appeal, re-appraise the evidence and come to its own conclusion and findings in place of the findings recorded by the trial Court, if the said findings are against the weight of the evidence on record or, in other words, perverse. Even in a recent decision of the Apex Court in the case of State of Goa v. Sanjay Thakran & anr. reported in (2007) 3 S.C.C. 755, the Court has reiterated similar principle. In Para-16 of the said decision, the Court has observed as under ;