STATE OF GUJARAT Vs. SHANKARLAL PREMJI GANATRA

JUDGEMENT

(1.) THIS appeal under Section 378 of the Code of Criminal Procedure has been filed by the State of Gujarat challenging the legality and validity of the impugned judgment delivered by the learned Judicial Magistrate First Class, mandvi -Kutch [for short 'ld. Magistrate'] on 14/12/1995 in Criminal Case No. 1256 of 1991. The Ld. Magistrate, by virtue of the impugned judgment, acquitted the present respondents-accused for the offence punishable under section 16 read with Section 7 (1)of the Prevention of Food Adulteration Act [for short PFA Act'].

(2.) THE case of the prosecution, in nut shell, is as under:-

(3.) ON behalf of the appellant-State, Ld. APP Mr. A. J. Desai has submitted that the impugned judgment and order delivered by the Ld. Magistrate is contrary to law and evidence on record. That at the time of collection of sample, sealing and packing of sample, all the mandatory requirements laid down under the PFA Act and the Rules, have been duly complied with by the Food inspector. That the Ld. Magistrate erred in holding that there were breaches of the mandatory requirements committed by the food Inspector while collecting, packing and sealing the sample. That the Ld. Magistrate erred in not properly appreciating the evidence on record. Therefore, it is submitted that the appeal be allowed and the impugned judgment and order delivered by the ld. Magistrate be set aside and all the respondents herein, who were original accused in the aforesaid case, be convicted and sentenced in accordance with law for the offence punishable under Section 16 read with Section 7 (1) of the PFA Act.