STATE OF GUJARAT Vs. KESHAVBHAI MAVJIBHAI MAKWANA

JUDGEMENT

(1.) By way of this Appeal, the State has challenged the judgment and order passed by the learned Judicial Magistrate First Class, Jasdan, in Criminal Case No.440 of 1987, on 19th January, 1994, acquitting the present respondent-accused for the offence punishable under Sections 7 and 16 of the Prevention of Food Adulteration Act.

(2.) It is the case of the prosecution that on 16th October, 1987, Food Inspector visited the shop of the accused and took the sample of sweet known as SJalebi and sent for analysis to Public Analyst, Bhuj. The Public Analyst on analysis of the same found the said article to be adulterated and thereafter on receipt of the report the Food Inspector sought permission from the Assistant Commissioner, Rajkot and thereafter filed a complaint against the respondent-accused before the Court of J.M.F.C.

(3.) Learned APP, Shri HL Jani appearing for the appellant has taken me through the oral as well as the documentary evidence on record. He has contended that the learned J.M.F.C. has committed an error by not issuing bailable warrant to secure the presence of the complainant.