STATE OF GUJARAT Vs. RANA AMBALAL PUNAMCHAND

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 01.05.2013 rendered by learned Judicial Magistrate, First Class, Lunavada in Criminal Case No.968 of 2008.

(2.) The short facts giving rise to the present appeal are that the complainant Shri C.M.Nair, was Food Inspector and he was rendering his services since 19.05.1983. That on 1.05.2008, at about 13.00 hours, the complainant along with one helper Shri B.D. Gandhi, visited the shop of accused herein, where the accused was present and he gave his identity as Food Inspector. The complainant took 900 gms. mango juice as sample which was stored in one ice box for the purpose of sale. The complainant took 900 gms. mango juice in the presence of panch witness for the purpose of analysis. After following necessary procedure, he sealed the same and sent it to the Public Analyst, Bhuj for analysis. In the analysis report, it was opined that the said sample of mango juice is adulterated. Hence, after obtaining necessary sanction from Local Health Authority as per law to lodge complaint against the accused herein, the complainant lodged the complaint.

(3.) By way of preferring the present appeal, the appellant has mainly contended that learned trial Court has failed to appreciate the evidence on record and wrongly recorded the order of acquittal. It is further contended that learned trial Judge has not appreciated the evidence on record in its proper perspective and in fact, there was no appreciation of evidence so far and hence, the impugned judgment and order of acquittal is required to be reversed, as such.