IDRISMIYA M AHMAD SAIYAD Vs. SURESHCHANDRA KESHAVLAL

JUDGEMENT

(1.) These appeals are directed against the judgement and order dated 1st August 1985 passed by the learned Judicial Magistrate, First Class,Kapadwanj in Criminal Case Nos.1621/76, 1620/76 and 1619/76 whereby the respondents-original accused were acquitted of the charges levelled against them.

(2.) The prosecution case, in short, is that in all the above cases, the Food Inspector of the local area visited the shop of the respondents-accused and collected samples of maize for analysis of the same in the laboratory. After following the proper procedure the samples were sent to Public Analyst for testing the same. On receipt of the analysis report it was found the samples collected by the Food Inspector were found to be adulterated and therefore a complaint came to be filed against the respondents-accused under sections 2(1)(A)(s), 7(1), and 16(1)(A)(1) of the Food Adulteration act.

(3.) Learned Advocate for the appellant has contended that the trial court has committed an error in not believing the version of the prosecution. He has contended that the trial court has committed an error in holding that there is a breach of rule 17 of the Rules. According to him the trial court has totally ignored the provisions of law which was prevailing on the date of incident i.e. 30.3.1976. He submitted that the amendment came into effect in the year 1976 and the incident is of 30th March 1976. He further submitted that out of three findings of the trial court, two findings are wrong and therefore submitted that the impugned judgement and order requires to be quashed and set aside.