ASHWIN H CHARYA Vs. CHUNILAL VALJIBHAI & 2

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and order rendered by learned Judicial Magistrate First Class (Municipal), Rajkot in Criminal Case No.664 of 1986. By virtue of the impugned judgment and order rendered on dated 8.1.1997, the learned Magistrate was pleased to record acquittal of both the respondents No.1 and 2 herein, who were originally accused Nos.1 and 2 in the aforesaid matter for the commission of offence punishable under Section 16 read with Section 7 of the Prevention of Food Adulteration Act ('Act', for short).

(2.) The brief facts of the prosecution case are as under:-

(3.) Learned advocate Mr.Buddhbhatti for the appellant - original complainant during the course of his arguments submitted that the impugned judgment and order rendered by the learned Magistrate is contrary to law and evidence on record. That the learned Magistrate erred in not properly appreciating the testimony of the Food Inspector, who is independent witness and is a responsible public servant. That considering his deposition, it clearly transpires that while collecting the sample, while packing it, and while sealing it, due care was taken by him and there was no violation of any mandatory provisions laid down under the Act or under the Rules. That the testimony of the Food Inspector is duly supported by the deposition of witness Akbar Usmanbhai and the Panch witness. That the prosecution produced required documentary evidence in support of the oral evidence. Therefore, it is submitted that the appeal be allowed and the impugned order recording acquittal of the respondents No.1 and 2 rendered by the learned Magistrate be setaside and both the accused persons be convicted for the offence charged against them and they be appropriately sentenced for the commission of the offence.