B M JINGAR Vs. MOHANLAL ISHWARLAL

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 08. 06. 1992 passed by the Metropolitan Magistrate, Ahmedabad in Criminal Case No. 67 of 1989, whereby the accused has been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under:

(3.) IT was contended by Mr. Chhaya, learned advocate appearing for the appellant that on the report of the CFL, the accused was found to have sold adulterated milk and therefore the trial court committed an error in law in holding that the provision of section 13 (2) were not complied with. He has also submitted that the trial court also committed an error in holding that the provisions of section 13 (2) are not complied with as the mixture in the bottle was homogeneous.