STATE OF GUJARAT Vs. PATEL OIL MILL DEPAT

JUDGEMENT

(1.) These ten appeals are preferred by the State and the original complaint- Food Inspector, against the orders of acquittal passed in five cases which were instituted against the respondents-xc original accused for the offence under Saction 16 (1) (a) (i) read with section 7 (i) of the Prevention of food Adulteration Act, 1954, the Act.

(2.) Mr M. B. ShAh, the learned Public Prosecutor for the state and Mr. J. M. Panchal for Mr. N. R. Oza, learned Advocate appearing for the original complainant have raised several contentions in these appeals, but the main contention is as follows ;-

(3.) The learned Magistrate erred in holding that because the Chambu laying in the godown was used for the purpose of taking out groundnut oil from the tine and then pouring the same into bottles by dividing into three parts, tnere was defect fatal to the prosecution in taking ihe samples.