STATE OF GUJARAT Vs. KANTILAL CHIMANLAL

JUDGEMENT

(1.) This is an appeal by the State of Gujarat challenging the acquittal of the respondent-accused who was prosecuted in the Criminal case No. 169/75 in the Court of the Metropolitan Magistrate 6 Court Ahmedabad for an offence under sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act. The learned Magistrate had acquitted the accused only on the ground that the firm of which he was the partner was not impleaded and therefore his individual conviction could not stand. The learned Magistrate because of that view of his did not examine the other aspects of the case. The said complaint had come to be filed in the Court of the said Magistrate by one Mr. R. P. Patel the Food Inspector attached to the Ahmedabad Municipal Corporation.

(2.) A few facts require to be stated:

(3.) On the charge Ex. 8 being framed the accused pleaded not guilty. He stated that he had received 500 tins from Ganesh Oil Mill Junagadh in the packed condition. That he was never selling ground nut in retail and he always used to sell in wholesale packed tins.