STATE OF RAJASTHAN Vs. DWARKILAL AND ANR.

JUDGEMENT

(1.) The State of Rajasthan has preferred this appeal under Sec. 378(i)(iii) Cr.P.C. challenging the Judgment dated 16.12.1996 passed by learned Addl. Civil Judge (Sr. Div) & Addl. Chief Judicial Magistrate S. No. 1, Kota (for short 'the learned trial Court') in criminal case No. 147/1984, whereby he acquitted the accused respondents. Brief facts of the case are that on 29.9.1983 at 1:00 PM complainant Sushil Kumar, who was posted as Food Inspector, found accused respondent Dwarkial selling 'Laddu of bundi' and the owner of the aforesaid Sanstha was accused respondent No. 2 Gangadhar. The Food Inspector after giving his identification purchased 1500 gm laddu which were made of Vanaspati oil. After following the due procedure a compliant was filed in the Court u/s. 7/16 of the Food Adulteration Act.

(2.) The accused respondents were summoned through summons. Statement of PW 1 Sushil Kumar (Food Inspector) was recorded. The accused respondents were read over the charge for the aforesaid offence. The accused respondents did not plead quality and claimed to be tried in the matter. After framing of charge statement of PW 1 Sushil Kumar was again recorded and thereafter the statements of PW 2 Bajrang Lal and PW 3 Dr. P.K. Jain were recorded.

(3.) The learned trial Court vide its judgment dated 16.12.1996 accused the accused respondents.