STATE OF GUJARAT Vs. DHARMESHBHAI NARHARIBHAI GANDHI

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 17.11.2008 rendered by learned 2nd Additional Civil Judge and Judicial Magistrate, First Class, Nadiad in Food Case No. 1 of 2007.

(2.) The short facts giving rise to the present appeal are that on 10.11.2006 at about 18.00 hours, the complainant visited the place of the respondent accused situated at Juna Makhanpura, Rabarivad, Nadiad along with panch witness and the respondent was found dealing in provisional items. The complainant identified himself as a Food Inspector and after giving intimation in Form No. 6 has purchased muddamal sample of mustard seeds in the presence of the panchas for the purpose of analysis. Thereafter, the complainant Food Inspector has divided the said sample in equal three parts and after completing formalities of packing and sealing obtained signatures of the vendor and panchas and out of the said three parts, one part was sent to the Public Analyst, Vadodara for analysis and remaining two parts were sent to the Local Health Authority, Gandhinagar. Thereafter, the Public Analyst forwarded his report. In the said report, it is stated that the muddamal sample of mustard seeds is misbranded which is in breach of the provisions of the Food Adulteration Act, 1954 (for short "the Act") and the Rules framed thereunder. It is alleged that, therefore, the sample of mustard seeds was misbranded and, thereby, the accused has committed the offence. Hence, the complaint came to be lodged against the respondent accused.

(3.) In pursuance of the complaint, the summons were issued against the accused and the accused appeared before the learned Magistrate in pursuance of the summons.