STATE OF GUJARAT Vs. KANTILAL BHIMJI BHANDORA

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 11. 02. 1999 passed by the learned Judicial Magistrate First Class, Chotila in Criminal Case No. 593 of 1996 whereby the accused were acquitted of the charges leveled against them.

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

(3.) MRS. Manisha Lavkumar Shah, learned APP submitted that the judgement and order of the learned J. M. F. C is against the provisions of law; the learned Magistrate has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondents. Learned APP has also taken this Court through the oral as well as the entire documentary evidence. She submitted that deposition of complainant Shri H. S. Pandya at Exh. 19 and Panch witness No. 2 Bhupendra Ranchhoddas Kotecha at Exh. 54 he has clearly stated regarding entire procedure for taking samples and his evidence is supported by the evidence of panch witness. The complainant has also stated in his deposition with regard to cleaning of container and cleaning of apparatus while taking sample from the accused persons and this fact has been corroborated by the panchnama at Exh. 32. Learned APP submitted that there was no reason for the learned J. M. F. C to disbelieve the prosecution case and to acquit the respondents.