SUDHAKAR GOVINDRAO MAJMUDAR Vs. MAYUR KANTILAL SHAH

JUDGEMENT

(1.) The present appeal, under Section 378(4) of the Code of Criminal Procedure, 1973, is directed against the Judgment and order of acquittal dated 27.03.2001 passed by the learned Judicial Magistrate, First Class (Municipal Court), Surat, in Prevention of Food Adulteration Case No. 36 of 1997, whereby the learned Magistrate has acquitted the respondents - accused from the charges alleged against them.

(2.) The short facts of the prosecution case is that the complainant, Food Inspector visited the business place of the respondents - accused and purchased the sample of "Sajan Brand Groundnut oil" for the purpose of analysis and after following the due procedure sent the same to the Public analyst, for analysis. In the Report the Public Analyst found that the sample was not up to the standard as prescribed under the provisions of the Prevention of Food Adulteration Act and the same was adulterated. Therefore, on the basis of Report, after obtaining necessary sanction the complainant filed complaint against the respondent - accused.

(3.) Thereafter the trial was conducted before the learned Magistrate. The prosecution has examined the witnesses and also relied upon the documentary evidence. After considering the oral as well as documentary evidence the learned Magistrate has acquitted the respondent - accused from the charges alleged against him, vide Judgment and order dated 27.03.2001.