STATE OF GUJARAT Vs. GORDHANBHAI ZAVERBHAI MARADIA

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 5th August 1995 passed by the Judicial Magistrate, First Class, Bhavnagar, in Criminal case No.2965 of 1988 in Criminal Case No.2965 of 1988 whereby the respondent was acquitted of the offence alleged against him.

(2.) The prosecution case, in short, was that on 21st January 1988 the Food Inspector had visited the shop of the respondent and collected sample of turmeric powder. The same was sent for laboratory inspection and it was alleged that the same was adulterated. Accordingly a complaint came to be filed which was tried as Criminal Case No.2965 of 1988. After recording necessary evidence, learned Magistrate acquitted the respondents of the offences with which they were charged. It is against the aforesaid judgement and order the present appeal has been filed.

(3.) Mr. S.P. Hasurkar, learned APP, appearing for the appellant submitted that the sample was sent to Central Food Laboratory also and in the report of Central Food Laboratory and Regional Laboratory there is no discrepancy. He submitted that in both these reports presence of foreign starch was found which was not permissible. He submitted that there was no discrepancy or irregularity in the process of taking sample. He therefore submitted that the appeal requires to be allowed.