STATE OF GUJARAT Vs. SHAH PRAKASHKUMAR DASHRATHLAL

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 31.3.1999 passed by the learned JMFC, Kalol, Dist. Panchmahals in Criminal Case No. 559/1999, whereby, the accused have been acquitted of the charges under Section 2(1 -A), (A) (B)(M) Under Section 2(d) and Section 791)(2)(3)(5) of the Prevention of Food Adulteration Act, leveled against them.

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

(3.) IT was contended by learned APP Ms Chetna Shah for the appellant that the judgment and order of the learned Magistrate is not proper, legal and it is erroneous. He has also argued that the learned Magistrate has not considered the evidence of the witnesses. He has argued that Food Inspector has followed the rules prescribed by law and he has also followed the procedure of taking the sample and the contents of Form No. 6 etc are just and proper. The sample was seized and sealed properly. Yet, the learned Magistrate has not considered the evidence of prosecution. Therefore, the order impugned in this appeal passed by the learned Magistrate requires to be quashed and set aside.