STATE OF GUJARAT Vs. GANDABHAI ARJANBHAI

JUDGEMENT

(1.) this is a States appeal against an order of acquittal passed in criminal case No. 5 of 1977 acquitting the respondent-original accused for offences under sec. 7(1) read with sec. 16(1) (a) (i) of the Prevention of Food Adulteration Act 1954 (hereinafter referred to as the Act).

(2.) In an acquittal appeal I do not find any reason to disagree with the learned Magistrate in his ultimate finding that there is inter alia breach of Rule 16 (c) which rule is of a mandatory nature though with regard to his findings concerning sanction etc. I may not agree. Again in the instant case there is one feature of the case which goes to the root and vitiates the proceedings. Though the learned Magistrate referred to this feature he has not fully applied his mind to the relevant provisions contained in the Act itself in this connection. In this case as the panch says when he came on the scene the bottles were already lying there filled by sample milk and on being asked to sign he signed. This witness is not declared hostile and he does not say that when the sample was taken from the accused by the complainant the same was done in the presence of the panch.

(3.) Now if we turn to sec. 10(1) (a) it provides that a food inspector shall have power to take samples of any article of food from persons mentioned in the sub-clauses that follow clause (a). If we turn to sub-sec. (7) of sec. 10 it provides thus: