STATE OF GUJARAT Vs. MUKTESHWAR LALAJI

JUDGEMENT

(1.) Learned counsel for the respondent is not present. Heard the learned APP, Mr. Jani appearing for the appellant State.

(2.) By way of this appeal, the State has challenged the judgment and order dated 31st March 1994 passed by the learned Joint Judicial Magistrate (FC), Anand, in Criminal Case No. 19 of 1989 whereby the learned Magistrate has acquitted the respondents, original-accused of the offences under Section 2(I.A)(B)(C); Section 44(e),7,7(1); 16(a)(a)(i) and 16(a)(ii) of the Prevention of Food Adulteration Act, alleged against them on the ground that the complaint was baseless and that prior sanction of competent authority was not obtained before filing the same.

(3.) The facts of the prosecution case in brief are that the complainant, Food Inspector, Devendrapalsinh Yadavansi had gone to the shop of opponents accused on 18th September 1987 at about 14.45 hrs.duly accompanied by his peon. After visiting the shop the complainant called the Panch and collected samples of groundnut oil in a bottle and sent the same after sealing it to the Food and Drugs Laboratory on 19th September 1987 for analysis as required under the provisions of Prevention of Food Adulteration Act, 1954. After receipt of the report from the laboratory, the complaint was lodged under the aforesaid provisions of the said Act. The accused had not pleaded guilty to the charges.