STATE OF MAHARASHTRA Vs. DEEPAK SHANKARRAO SHIRBHATE

JUDGEMENT

(1.) This is a State appeal against the judgment of the acquittal of the respondent recorded by the Chief Judicial Magistrate, Amravati on 21.8.2001, in Regular Criminal Complaint Case No.83 of 1993.

(2.) Briefly stated, facts of the appeal are as under :

(3.) As it was found that prima facie case was made out against the respondent, the respondent was charged for the offence punishable under Section 16(1)(a)(ii) read with Section 7(i) and Section 2(ia)(a)(m) of the Food Adulteration Act, 1954 and the Rules made thereunder and tried for it. After considering the evidence brought on record by the complainant and hearing both sides, the learned Chief Judicial Magistrate found that the prosecution could not prove the charge so framed against the respondent and, therefore, by his judgment and order dated 21.8.2001 acquitted the respondent of the said charge.