STATE OF GUJARAT Vs. KETANKUMAR AND CO

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 04. 05. 1998 passed by the learned Judicial Magistrate First Class, Keshod in Criminal Case No. 174 of 1984 whereby the accused were acquitted of the charges leveled against them.

(2.) THE facts of the prosecution case in brief are as under:

(3.) MRS. Manisha Lavkumar Shah, learned APP submitted that the judgement and order of the learned J. M. F. C is against the provisions of law; the learned Magistrate has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondents. Learned APP has also taken this Court through the oral as well as the entire documentary evidence. She submitted that the other part of the sample was sent for analysis to Public Analyst, Nagpur for which report at Exh. 51 to 56 with specimen seal impression alongwith memorandum was submitted to Local Health Authority, Nagpur for which registered A. D slips and receipts are produced on record. She further submitted that certificate of Central Food Laboratory at Exh. 7 clearly states that muddamal sample was adulterated. Learned APP submitted that there was no reason for the learned J. M. F. C to disbelieve the prosecution case and to acquit the respondents.