STATE OF GUJARAT Vs. LALJIBHAI ISHWARBHAI ZALA

JUDGEMENT

(1.) HEARD ld. APP Ms. Pandit for the appellant State. The present appeal is filed by the appellant State under section 378 of Crpc challenging the judgment and order of acquittal passed by the ld. Chief judicial Magistrate, Nadiad in Criminal Case No. 6/1998 dated 31. 03. 2003.

(2.) LD. APP Ms. Pandit has taken this Court through the judgment and order of acquittal under challenge and relevant part of oral evidence led by the complainant from the papers available to her, so also through the grounds of challenge in the memo of the appeal.

(3.) IT is the case of the prosecution that the Food Inspector Mr. R. S. Patel visited the shop of the accused situated at village Alindra, Ta: Nadiad at about 12. 30 P. M. The shop is a grossery shop and accused No. 1 was present at that time. It is contended that accused No. 2 is the owner of the shop and the sample of edible oil weighing about 400 grams of ground-nut oil was drawn from the alluminium container lying in the shop and it was taken as sample for the purpose of analysis and thorough examination by the Public analyst. As the opinion of the Public Analyst was against the accused person and the same was not in conformity with the standards fixed under the Food Adulteration Act and the rules framed thereunder, both the accused were subjected for trial on grant of sanction by the appropriate authority.