KANTILAL MOTIBHAI LIMBACHIA Vs. RAMANBHAI VALLABHBHAI GANDHI

JUDGEMENT

(1.) Food Inspector, Navsari has preferred this appeal against the order of acquittal recorded by Chief Judicial Magistrate, Navsari in Criminal Case No. 6361 of 1987 acquitting the accused on 4-12-1990 for an offence punishable under Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act).

(2.) Facts concisely stated, as it emerges from the record, are as under :-

(3.) Food Inspector, the appellant herein, on 23-12-1986 at about 1530 hours, collected a sample of 400 gms. of Coconut Oil in the presence of a panch for the purpose of analysis. The vendor was explained about the same as per the provisions contained in the Prevention of Food Adulteration Rules (hereinafter referred to as the Rules). The appellant collected sample in accordance with law, and thereafter divided the same into three equal parts in dry and clean bottles which were thereafter sealed and packed in accordance with the provisions contained in the Act and Rules. One sample bottle was forwarded to the Public Analyst for analysis on 24-12-1986 which was received by the Public Analyst on 29-12-1986. Two samples were forwarded to the Local Health Authority in accordance with the provisions of the Act and Rules.