STATE OF GUJARAT Vs. VINOD CHANDRA BABULAL KHILOSIYA

JUDGEMENT

(1.) THE appellant State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal procedure, 1973 (hereinafter referred to as 'the code' for short) challenging the order of acquittal dated 17. 4. 2004 passed by the learned Additional Sessions Judge, porbandar allowing the Criminal Appeal of the original accused No. l vendor being criminal Appeal No. 34 of 1997 and quashing and setting aside the order of conviction qua the present respondent original vendor convicting him and. original manufacturer accused No. 2 for commission of offences punishable under Sections 7 and 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act'for short) and ordering him to undergo simple imprisonment for 6 months and fine of Rs. 1,000 and in default of payment of fine, further imprisonment for 20 days. The order of conviction was quashed and set aside qua the present respondent original vendor vide order dated 17. 4. 2004 in the appeal preferred by the vendor being Criminal Appeal no. 34 of 1997. The same is impugned in the present appeal.

(2.) LEARNED counsel for the respective parties have submitted that the order of acquittal is essentially based upon the finding that the trial Court erred in not appreciating the fact that the sample food article in question was collected in a sealed pack condition so as to accord benefit of warranty under Section 19 (2)of the Act. As this is the only question which deserves to be examined in this appeal, the counsels be permitted to advance their submissions at length on the basis of the papers of Criminal Case No. 6970 of 1986, which is produced on record by Shri Patel, learned APP. Accordingly the counsels were permitted to address this court on merits of the matter at the stage of admission.

(3.) BRIEF facts leading to filing this appeal deserves to be set out as under.