STATE OF H.P. Vs. SACHIN GUPTA

JUDGEMENT

(1.) The appellant has questioned the acquittal order, dated 30th Dec., 2005, made by the Judicial Magistrate 1st Class, Court No. (V), Shimla, H.P. (hereinafter referred to as 'the trail Court') on the grounds taken in the memo of appeal.

(2.) It appears that the Food Inspector, while performing his official duties, inspected the shop of the accused and obtained samples for analysis. The samples were sent for analysis, found adulterated and accordingly, complaint was presented against the accused under Sec. 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act').

(3.) The prosecution led evidence in support of its case. The statement of accused was recorded under Sec. 313 of the Code of Criminal Procedure. The trial Court, after hearing learned counsel for the parties and scanning the evidence, acquitted the accused.