STATE OF GUJARAT Vs. GORDHANBHAI BAVANJIBHAI TOPIA

JUDGEMENT

(1.) THE appellant State has preferred this appeal against the judgment and order dated 7.5.1999 passed by the learned Judicial Magistrate First Class, Dhoraji in Criminal Case No. 21 of 1994, whereby, the respondent has been acquitted by the learned Judge for the offence punishable under sec. 2(1 -A)(A)(J)(L), 7(1)(5) of the Prevention of Food Adulteration Act, 1954.

(2.) THE fact of the prosecution case is that the complainant Mr HK Dhokia has visited the shop of the original accused namely Dinesh Provision Stores, on 6.8.1993, situated at Paravad, Nr. Bahucharaji temple and after introducing himself to the present respondent as Food Inspector, has purchased chilly powder of 600 grams from the shop of respondent and payment was made by him and, thereafter, samples were taken in a vessels and sealed the same as per the provisions of the Act. Thereafter the respondent was charge -sheeted before the trial court.

(3.) THE trial court has proceeded further with the case and after recording the oral as well as documentary evidence, the trial court came to the conclusion that the prosecution has not followed the mandatory provisions of law and, therefore, the respondent was acquitted from the said offence.