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1993 Supreme(Guj) 415

S.M.SONI
SUMANCHANDRA B. TRIVEDI – Appellant
Versus
STATE – Respondent


Advocates Appeared: K.V.SHELAT, M.I.PATEL

S. M. SONI, J.

( 1 ) APPELLANT orig. complainant has by this appeal challenged the order of acquittal dated 13. 2. 84 recorded by the Judicial Magistrate, First Class, Kalol in Criminal Case no. 343 of 1974.

( 2 ) COMPLAINANT purchased a sample of vanaspati at about 11. 15, A. M. on 27. 8. 73 from accused no. 13, who was sitting in the shop of accused no. 12. After duly observing the necessary formalities of taking sample, the same was sent to Public Analyst at Baroda, who, in his report dated 26. 9. 73 found that the sample does not conform to the standards laid down under Prevention of Food Adulteration Rules, 1955 (Rules for short ). The complainant then placed that report before the concerned authority, seeking necessary sanction to prosecute the accused and on obtaining necessary sanction, criminal complaint was filed against the accused. Accused no. 12 had purchased the said sample from accused no. 11, who had purchased the same from accused no. 6, who has in turn purchased the same from accused no. 1. Accused nos. 2,3,4 and 5 are the office-bearers of accused no. 1 (accused no. 4 was the Manager of accused no. 1-company. However, he has died pending trial ). Accused nos. 7 an








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