STATE OF GUJARAT Vs. HARILAL KUNVARAJI DEDHIYA

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by learned Judicial Magistrate, First Class, Mundra, Kutch in Criminal Case No.160 of 1993 dated 17.4.1996 whereby the respondent was acquitted of the offence alleged under Sections 2(7A), (A),(C),(L),(M) read with Rule 5, Section 7(I)(V) and Section 16(1)(A)(I) of the Prevention of Food Adulteration Act ('the Act' for short)against him.

(2.) The prosecution case, in nutshell, was that the respondent was dealing in groundnut oil and on 30.7.92, at about 15.00 hours, a sample was collected from the shop of the accused by the complainant and after following the requisite procedure, the same was sent for inspection wherein it was found that the sample was adulterated. Accordingly a complaint came to be filed.

(3.) Mr. S.P. Hasurkar, learned APP, appearing for the appellant submitted that the trial court cannot acquit the respondent accused on technical ground. He submitted that the sample was taken from the shop of the accused after following requisite procedure under the Act and on analysis by the Laboratory, it was found that the sample was adulterated, and therefore the impugned order is illegal and requires to be quashed and set aside.