STATE OF GUJARAT Vs. MOHANBHAI MULJIBHAI THUMAR

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 30. 04. 1998 passed by the learned Judicial Magistrate First Class, Keshod in Criminal Case No. 654 of 1993 whereby the accused were acquitted of the charges leveled against them.

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

(3.) MR. RC Kodekar, 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. He submitted that report of Central Food Laboratory supersedes the report of the Public Analyst. Therefore, it is proved by the prosecution that there is prima-facie case against the accused for commission of offence under Sections 7 (1), 7 (2) and 7 (5) which is punishable under Section 16 of the Prevention of Food Adulteration Act. The complainant has supported the case of prosecution regarding cleanliness of vessels used at the time of taking sample. 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.