STATE OF GUJARAT Vs. DOSHI RATILAL HEMDCHAND

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 12. 06. 1984 passed by the learned Judicial Magistrate, First Class, Morvi in Criminal Case No. 2 of 1984 whereby the accused have been acquitted from the offence leveled against them.

(2.) THE brief facts of the prosecution case are as under: on 25. 10. 1983 at about 11:00 hrs the complainant- Food Inspector Rajnikant Nanalal Joshi visited the shop of the respondents. The respondents were running the shop by dealing in essential commodities. In presence of Respondent no. 5 and panchas, the food inspector took sample of Chilly powder and after following the procedure the same was sent to the public analyst. The report disclosed that the Chilly power did not conform to the standards and provisions laid down under the Prevention of Food Adulteration Act and Rules.

(3.) NECESSARY investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, chargesheet was filed against them. The trial was initiated against the respondent.