STATE OF GUJRAT Vs. NAROTTAMBHAI CHAGANLAL THAKAR

JUDGEMENT

(1.) HEARD learned counsels of the parties. The Appellant State of Gujarat has preferred leave to appeal and appeal under Section 378 of the Code of Criminal Procedure challenging the order of acquittal passed by learned CJM, Ahmedabad (Rural) in Criminal Case No. 23 of 2000 dated 16. 12. 2003 acquitting the accused/present respondents of the charge of committing offence punishable under Section 2, 7 and 16 of the prevention of Food Adulteration Act. (herein after referred to as the PFA Act for brevity ).

(2.) THE impugned order of acquittal is essentially based upon the findings that the prosecution has failed in establishing its case beyond doubt against the respondents/original accused. The infirmities noticed by the trial court and recorded in its judgment are treated as vitiating the case of the prosecution. Learned counsels were permitted to address this Court at length on merits of the appeal at the admission stage. Learned APP Shri Patel has produced on record the relevant papers pertaining to the Criminal case No. 23 of 2000 and addressed this Court on merits at length.

(3.) THE facts leading to filing of this leave to appeal and appeal are deserved to be set out as under.