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2011 (1) Crimes 430(1) (Guj.)
SHORT NOTE
GUJARAT HIGH COURT
S.R. Brahmbhatt, J.
State of Gujarat —Applicant
versus
Sureshchandra Revtilal
Sharma —Respondent
Criminal Appeal No. 1862 of 2004
Decided on 5.3.2010

Counsel for the Parties:
For the Appellant 1 : Ms. CM Shah Addl. Public Prosecutor.
For the Opponent 1 : Notice Served.
For the Opponent 1 :Mr. D.K. Modi and Mr. M.D. Modi, Advocates.

IMPORTANT POINT
Sanction issued by In-Charge Officer has no value.

Headnote:Prevention of Food Adulteration Act, 1954—Section 16(1A)(i)—Prevention of Food Adulteration Rules, 1955—Rule 14—Criminal Procedure Code, 1973—Section 378—Sale of adulterated milk—Acquittal—Court recorded its finding with regard to sanction not being in accordance with law coupled with breach of Rule 14—Conclusion of Court that sanction had been issued by In-Charge Officer remained uncontroverted and unassailable—Order of acquittal passed by Trial Court does not require any interference—Appeal dismissed. (Paras 2, 6 and 7)

       

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