STATE OF GUJARAT Vs. BABUBHAI BALCHANDDAS PATEL

JUDGEMENT

(1.) This is an appeal filed by the appellant State under Section 378 of the Code of Criminal Procedure, 1973 challenging the judgment and order dated 31.12.94 passed by the learned Chief Judicial Magistrate, Mehasana in Criminal Case No.245 of 1987, whereby the Chief Judicial Magistrate, Mehsana had acquitted the accused from the offence punishable under Section 7(1) read with Section 16(1)(A) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as `the Act') under Section 248(1) of Criminal Procedure Code.

(2.) The short facts giving rise to this appeal are such that : The present complainant Shri I.M.Raval was serving as Food Inspector and was authorized to take sample for the purpose of analysis under Prevention of Food Adulteration Act, 1954. Former Food Inspector Shri P.M.Patel visited the shop of accused no.1 on 23.5.86 at about 1.00 p.m., which was in the name of M/s Mahagayatri Trading Company situated at Mal Godown, Mehsana where accused nos.1 and 2 were present at the relevant time. The Food Inspector, after giving his identification, collected sample from the ground nut oil from packed tin of Mayur Brand which was manufactured by respondent nos.7,8 and 9 sent the sample for analysis and after receiving the report of public analyst, it was found that the groundnut oil was adulterated and was not found as per the standard laid down under the Act. Therefore, necessary consent to prosecute the accused was obtained and complaint was filed against the accused.

(3.) After receiving the complaint, summons were issued to the accused and after proceeding with the case in accordance with law, delivered the judgment on 29.2.1992, against which the accused filed appeal before the Sessions Court. The Sessions Court remanded the matter to the learned Chief Judicial Magistrate, Mahesana and the trial was conducted denovo as per the provision of Section 326(3) of Criminal Procedure Code.