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1998 Supreme(Guj) 448

B.C.PATEL
STATE OF GUJARAT – Appellant
Versus
GRUKRUPA KARIYANA STORES – Respondent


Advocates Appeared: D.N.Patel, M.K.OZA

B. C. PATEL, J.

( 1 ) STATE, being aggrieved by an order of acquittal recorded in favour of respondent Nos. 1, 2 and 3 herein (for brevity, original accused), has preferred this appeal. The trial Court tried the original accused for an offence punishable under Sec. 7 (1) read with Sec. 16 (1) of the Prevention of Food Adulteration Act, 1. 954 (hereinafter referred to as the Act) and acquitted the accused by its judgment and order passed on 25-5-1990 in Criminal Case No. 2121 of 1985.

( 2 ) SUCCINCTLY stated, the facts as it emerges from the complaint, Exh. 1, are as under :- 2. 1 The complainant. Food Inspector, on 8-4-1985 at 13-10 hours visited the shop of the respondents-accused. At the relevant time, accused No. 2, a partner of the original accused No. I. was found dealing in the sale of commodities. Complainant, as required under law, kept two panchas present, and in the presence of panchas, collected sample of Turmeric Powder after giving intimation, vide Exh. 13. The complainant thereafter divided the sample into three equal pans and sealed the samples as required under the Prevention of Food Adulteration Rules, 1955 (hereinafter referred to as the Rules ). The complainant al


























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