STATE OF GUJARAT Vs. MANISHKUMAR RANCHHODBHAI CHANGELA

JUDGEMENT

(1.) The appellant - State of Gujarat through Mr. M. M. Chaudhary - Food Inspector, Food & Drugs Department, Local Health Authority Office, Surendranagar has preferred the present appeal under Section 378(4) of the Code of Criminal Procedure against the judgment and order dated 16.07.2011 rendered by learned Additional Sessions Judge, Surendranagar in Criminal Appeal No. 23 of 2009, acquitting the respondents accused for the offence punishable under Section 2(I-A), 7(1) and 16 of the Prevention of Food Adulteration Act.

(2.) As per the case of the prosecution unfolded in the complaint filed by the Food Inspector - Mr. M. M. Chaudhary, on 17.03.1994, he visited the premises of respondent No.1 - accused along with panch and helper where the the respondent accused was present. Thereafter, after issuing oral as well as written notice in form VII to the respondent accused, he purchased 500 gram of edible oil upon payment of Rs.17.10 and in presence of panch witnesses, the samples of edible oil were procured and sealed in three cleaned, odorless glass bottles, which were closed by means of cork so as to prevent leakage and entry of moisture into the bottle. Thereafter, the seals were applied. Out of the said samples, one sample was sent on the next day with memorandum Form VII to the public analyst for analysis. It was opined in the report that the sample of edible oil did not conform the standards and provisions laid down under the Prevention of Food Adulteration Rules, 1955. After obtaining the consent of the local health authority as required under Section 20 of the Act, the complaint came to be registered against the respondents accused before the learned Chief Judicial Magistrate, Surendranagar for the offence punishable under Section 2(I-A), 7(1) and 16 of the Prevention of Food Adulteration Act.

(3.) The complaint came to be registered as Criminal Case No. 5872 of 1994. Thereafter, the charge came to be framed and explained to the accused, to which the accused pleaded not guilty and claimed to be tried.