STATE OF GUJARAT Vs. BABULAL KALIDAS THAKKAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order passed by learned Judicial Magistrate, First Class, Deesa in Criminal Case No.1239 of 1986 dated 15.7.1995 whereby the respondent was acquitted of the offence alleged under Sections 7 and 16 of the Prevention of Food Adulteration Act against him.

(2.) The prosecution case, in brief, was that a sample of jaggery was taken from the shop of the accused on 15th June, 1984 and the same was sent for analysis and as per the analysis report, proportion of sugar and sucrose was found less. Accordingly a complaint came to be filed. After recording necessary evidence, learned Magistrate acquitted the respondent of the offences for which he was charged. It is against the aforesaid judgment and order, the present appeal has been filed.

(3.) Mr. S.P. Hasurkar, learned APP, appearing for the appellant submitted that the trial court has committed an error in holding that there are different types of jaggery and the proportion of sugar and sucrose varies from each other and therefore, it cannot be said that the accused committed any offence, and therefore the impugned order is illegal and requires to be quashed and set aside.