Z.K.SAIYED, J. - (1.)The appellant has preferred this Appeal under Section 378 of the Code of Criminal Procedure, 1973 against the Judgment and Order of acquittal dated 15th July 1993 passed by the learned Special Judge and Additional Sessions Judge, Junagadh, in Special Criminal Case No.02 of 1989 for the offences punishable under the Fertiliser Control Order read with Sections 3 and 7 of the Essential Commodities Act, whereby the learned Judge has acquitted the respondents-accused of the charges levelled against them.
(2.)The short facts of the prosecution case is that the appellant is the Agriculture Inspector. It is the case of the prosecution that on 14th October 1982 the appellant visited the respondent no.1. The respondent nos.2 and 3 are the partners of the respondent no.1. The respondent no.4 is the limited company manufacturing Fertiliser and the respondent nos.5 and 6 are in-charge of the Management. It is the case of the prosecution that respondent nos.4 and 6 have sold the fertiliser to the respondent nos.1 to 3 bearing brand of Vahanchhap Super Phosphate. The appellant had taken the sample of the said fertiliser and sent the same for chemical analysis at Junagadh Laboratory. On examination of the said sample, it was found to be substandard as there was less superphosphet than it is required. Therefore, after following the due procedure, complaint was filed against the respondents-accused in the Court of learned Special Judge and Additional Sessions Judge, Junagadh for the violation of Clause 13(1) of the Fertiliser Control Order, 1957 read with Sections 3 and 7 of the Essential Commodities Act .
(3.)Thereafter the trial was conducted before the learned Judge. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence. After considering the oral as well as documentary evidence, the learned Judge has acquitted the respondents-accused from the charges alleged against them by the Judgment and Order of acquittal dated 15th July 1993.