D G PATEL Vs. MUKESHBHAI DHULALA PATEL

JUDGEMENT

(1.) The present appeal under Section 378 of the Code of Criminal Procedure, 1973 arising out of judgment and order of acquittal dated 08.06.2006 passed by learned Metropolitan Magistrate, Court No.6, Ahmedabad in Criminal Case No.116 of 2004 whereby the respondent No.1 came to be acquitted of the offence punishable under Section 16(1)A(I) read with Section 7(1) of the Prevention of Food Adulteration Act, 1954.

(2.) The facts in brief giving rise to the present appeal are that the appellant who is working as Food Inspector in Ahmedabad Municipal Corporation visited the shop of the respondent No.1 on 03.09.2004 along with his peonPunjalal B. Mevada. Sample of cow milk was purchased and was sent for analysis after following due procedure.

(3.) The learned Magistrate on the conclusion of the trial acquitted the respondent as he found that mandatory provisions of Section 14(A) were not followed.