STATE OF GUJARAT Vs. SULTANALI AKBARBHAI

JUDGEMENT

(1.) The Appellant State has filed this Appeal under Section 378 of Cr. P.C. against the Judgment and order of acquittal dated 25.2.1999 passed by the learned J.M.F.C., Rajula, on 25.2.1999 in Criminal Case No.241 of 1994.

(2.) The respondent is the original accused against whom the original complainant filed above mentioned Criminal Case for the offence under sections 7 & 16 of the Prevention of Food Adulteration Act, 1954 (for short "PFA Act"). The said Judgment of the trial Court has been challenged by the State on the ground that the Judgment and order passed by the learned Magistrate is against the law and evidence on record.

(3.) According to the prosecution case the complainant Shri R.N.Joshi, Food Inspector, visited the shop of the respondent - accused Sultanali Akbarbhai, which is in the name of "M/s. Siraj Ali Sultan Ali & Company, on 28.9.1993 and purchased 450 Grams Sesame Oil ("Til Tel") which was collected in a stainless steel vessel. The said sample oil was sealed in presence of panchas and was sent to the Public Analyst, Bhuj. Upon receipt of the Report from the Public Analyst it was found that the sample oil was not of a prescribed standard and was adulterated and, therefore, after obtaining sanction from the State Government the complaint was filed against the accused present respondent under the provisions of Sections 7(1) and 16 of the Prevention of Food Adulteration Act (for short "PFA Act").