STATE OF GUJARAT Vs. RAMESH BHAI MAGANLAL VADERIA

JUDGEMENT

(1.) THE Appellant State has filed this appeal under Section 378 of crpc against the judgment and order dated 16. 4. 1994 passed by the learned Judicial magistrate First Class, Bagsara in Criminal Case No. 98 of 1992 acquitting the present respondents from the charges levelled against them.

(2.) ACCORDING to the prosecution, the complainant Rupabhai Arjanbhai Meghava was serving as Food Inspector at Amreli, and on 6. 8. 1991 he has visited the shop of the present respondents namely M/s. Jalaram kirana Bhandar and introduced himself as food Inspector and thereafter purchased 450 grams of pure "ghee". The sample of 'ghee' was seized in the presence of panchas and after following the procedure of Section 21 (1) of the Food Adulteration Act, sent the sample to the laboratory for analysis. After receipt of the report of Public Analyst, he filed the Complaint for the offence punishable under Section 7 (1) and 16 of the PFA act on 8. 9. 1992. The charge was framed against the respondents, Thereafter, oral evidence was recorded by the trial court and statements of the respondents were also recorded under Section 313 of Crpc. At the end of the trial, the respondents were acquitted by the trial court vide impugned judgment. Therefore, against the acquittal order of the trial court, the present appeal has been preferred by the appellant State.

(3.) HEARD Ms. Pandit learned APP appearing on behalf of the appellant. She has submitted that the trial court has not applied its mind and has not properly appreciated the provisions of law. The reasons given by the trial court are not just and proper and are against the provisions of law. She has read the whole evidence of the case as well as the judgment of the trial court.