STATE OF GUJARAT Vs. GANGARAM KHANMAL SINDHI

JUDGEMENT

(1.) : The State of Gujarat being aggrieved by the order of acquittal recorded by the learned Chief Judicial Magistrate, Palanpur in summary case no.196 of 1987 on 27.3.1991, has preferred this appeal. The respondents nos.1 and 2 (original accused nos.1 and 2) were tried for an offence under sec.7 of the Prevention of Food Adulteration Act ("the Act" for brevity) punishable under sec.16(1)(a)(i) of the Act.

(2.) Tusharbhai Dashrathbhai Bhatt, PW 1 collected a sample of peppermint as per the provisions contained in the Act and Prevention of Food Adulteration Rules ("the Rules" for brevity). The sample forwarded to the Public Analyst was found to be adulterated vide exh.30. After obtaining consent vide exh.31, the complaint came to be lodged vide exh.32. On appreciation of evidence, the trial court held that the accused are not guilty. Hence the appeal.

(3.) The trial court acquitted the accused on the following grounds :