STATE OF GUJARAT Vs. VANECHAND POPATLAL

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 6.1.1988 passed by the learned JMFC, Morbi in Criminal Case No. 1232/1984, whereby the accused have been acquitted of the charges under Section 7(1) and 16(1)(A) 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 Mr. H.L. Jani 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.