STATE OF GUJARAT Vs. VENDOR SATISBHAI MANGILAL SONI

JUDGEMENT

(1.) THE present acquittal appeal has been preferred by the appellant under section 378 of CrPC against the judgment and order dated 12.5.1995 passed by the learned Chief Judicial Magistrate, Valsad at Navsari in Criminal Case No. 4772 of 1991, acquitting the respondents from the charges levelled against them under sec. 7 and 16 of the Food Adulteration Act.

(2.) ACCORDING to the prosecution, Mr. NA Shah was serving as Food Inspector in the department at Valsad and he was notified by the department as per the provisions of law and on 25.1.1991 at about 12.30am he has visited the shop of respondents, namely; Soni General Store. In the presence of panch Bipin Patel he has issued notice of form no. 6 to the vendor Satish Mangilal Soni and then he has purchased 600 grams of chilly power and paid Rs. 18/ - for the same to the vendor. The sample was kept in bottle. Thereafter he seized the sample of chilly powder and and after following the provisions of the Rules, sent the sample of chilly powder to the laboratory for analysis. After receipt of the report from the Laboratory, he has filed the complaint. Thereafter before the trial court, evidence was led and at the end of the trial, the trial court vide impugned judgment has acquitted both the respondents from the charges levelled against them, as aforesaid.

(3.) HEARD Ms. Darshana Pandit learned APP appearing on behalf of the appellant. She has submitted that the learned Judge has not applied his mind while acquitting the respondents. He has not properly appreciated the provisions of law and reasons which are given by the learned Judge are not just,proper and legal. She has also submitted that no doubt the panch witness has turned hostile before the trial court, yet trial court is bound to accept the evidence of complainant who is a public servant. She has also submitted that the complainant has followed all mandatory provisions of Rules and Law. So, she submitted that the acquittal order passed by the trial court may be set aside.