STATE OF GUJARAT Vs. CHAMPALAL GEKCHAND PAREKH

JUDGEMENT

(1.) THE appellant State has preferred this appeal against the judgment and order dated 4. 5. 1998 passed by the learned Judicial Magistrate First Class, rahpar, District Kutchh in Criminal Case no. 336 of 1995 acquitting the respondents from the charges levelled against them under Section 7 (1) and 7 (5) of the Prevention of food Adulteration Act, 1954.

(2.) IT is the case of the prosecution that on 14. 2. 1995, the complainant Shri C. P. Gohil, food Inspector, has visited the shop of original accused No. 1 namely Bhagyoday Kirana stores, situated at Salari Naka, Rahpar, district Kutchh and introduced himself as food Inspector. Thereafter, in the presence of panch purchased 375 grams of cooking oil from the packed tin of "flemingo" brand and paid Rs. 15 and prepared the sample for analysis and on receipt of the report from cfl, he filed a complaint. Thereafter, the present respondents were charged for the offence punishable under Section 7 (1),7 (5)and 16 (1) of the PFA Act and the case was proceeded before the learned Judge, where the prosecution has produced oral as well as documentary evidence in support of its case. The learned Judge has found no substance in the said criminal case No. 336 of 1995 and benefit of doubt was given by the learned Judge and acquitted the respondents from the charges levelled against them. Hence, the present appeal is preferred by the appellant State against the said acquittal.

(3.) HEARD Mr. M. R. Mengdey learned APP for the appellant State and learned advocate Mr. C. H. Vora for the respondents.