Gujarat Court September 2005 Judgments

State of Gujarat Vs. Ramjibhai Fogatbhai Sagar

Court: Gujarat

Reported in: 2006CriLJ667; 2006FAJ159; (2006)1GLR92

S.R. Brahmbhatt, J. 1. The Appellant State of Gujarat has preferred this appeal under Section 378 of the Code of Criminal Procedure challenging the order dated 9-2-1996 passed by learned JMFC, Banvad, in Criminal Case No. 346 of 1985 acquitting the accused / present respondent of the offence under Section 7 and 16 of Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the 'Act'). This Court [Coram: A.N. Divecha, J] granted leave and admitted the appeal vide order dated 30-10-1996.2. The case of the appellant in short is that the Food Inspector original complainant on 9-4-1985 visited the shop of the accused along with helper Shri. K.B. Bang and notified his intention of collecting beverage known in vernacular as SLemon Soda. He purchased 3 bottles of lemon soda on payment of Rs. 18-60 and obtained receipt thereof from the vendor-accused. The sample was collected in presence of panch witness Shri. Aruna Darsi. Notice under Rule 12 Form-VI was issued indicating his inte...