STATE OF GUJARAT Vs. AMARNATH SUKHARI YADAV

JUDGEMENT

(1.) - The present appeal has been filed by the State of Gujarat against the judgment and order of acquittal dated 26. 11. 1986 passed by learned Sessions Judge, Valsad at Navsari in Criminal appeal No. 59 of 1985, whereby the lower appellate Court has set aside the judgment and order of conviction passed by learned judicial Magistrate First Class, Pardi, criminal Complaint No. 2761 of 1985 and thereby acquitting the respondent original accused of the offence punishable under section 7 (1) and 7 (5) read with Section 16 of the Prevention of Food Adulteration Act.

(2.) THE prosecution case in brief is that on 14. 3. 1985, Food Inspector Mr. Gamit visited the shop of respondent and in presence of panchas purchased 600 grams of curd. The said curd was divided into three equal parts and he prepared three separate samples of 200 grams, each kept in the separate bottles. After various formalities including obtaining the sanction for prosecution the respondent accused, a complaint was filed in the Court of JMFC, Pardi. One sample of curd was sent to the Food and Drugs laboratory, Vadodara for the purpose of analysis. Report of the Public Analyst dated 20. 3. 1985 showed that the sample of curd contained 3. 25% milk fat instead of a minimum of 6 % prescribed in law and thus the sample was sub-standard. In the course of trial at the request of the accused 3rd sample was sent to the Central Food Laboratory for analysis and report. The report of the Central Food Laboratory, Pune showed that milk fat was 2. 6%.

(3.) A charge was framed and after recording evidence, the Trial Court found that the curd in question did not conform to the prescribed standard and reached the conclusion that the prosecution case was established beyond a reasonable doubt. Consequently the present respondent was convicted for the offence punishable under Section 7 (1)and 7 (5) read with Section 16 of the Act.