IMPORTANT POINT
The prosecution must prove beyond reasonable doubt that the accused's product was intended for human consumption, and failure to comply with mandatory procedural rules can lead to acquittal.

JUDGMENT :

(Hemant M. Prachchhak, J.)

1. This appeal under Section 378(4) of the Criminal Procedure Code is directed against the impugned judgment and order dated 22.8.2006 passed by the learned Judicial Magistrate First Class (hereinafter be referred to as “the trial Court”), Padra in Criminal Case No. 1548 of 1991 whereby the trial Court has acquitted the respondent herein-accused for the offences punishable under Sections 2(1) (A) (M), Section 7(1)(5) and Section 16(1)(A)(I) of the Prevention of Food Adulteration Act (hereinafter be referred to as “the Act”).

2. Brief facts of the present case, in nutshell, are as under:-

2.1 It is the case of the prosecution that the Food Inspector Shri P.R. Panchal, who was serving with office of the Assistant Commissioner, Food and Drugs Control Admn. Vadodara has visited place of respondent accused and after introducing himself as a Food Inspector, has purchased 600 Gms. sample of Turmeric Powder in the presence of panch witness at the rate of Rs.16/- per Kg., for the purpose of analysis by paying cash of Rs.9.60 ps. It is further case of prosecution that the respondent has also issued Cash Memo No. 1331 dtd. 2.1.1991 towards payment of cash on which also, signatures of panch as well as complainant was obtained.

2.2 Thereafter, the Food Inspector has divided said sample in equal three parts and after properly sealing and packing, one part was sent to Public Analyst, Vadodara and other two parts of the same were sent to Local Health Authority, Vadodara through Helper Shri K.P. Prajapati on 2.1.1991. It is further case of prosecution that on the basis of report of the Public Analyst which was received on 23.1.1991, it was found that muddamal sample which was drawn by complainant Food Inspector is adulterated. Hence, necessary sanction was obtained from the competent authority and on receipt of sanction the complaint was filed against respondent accused in the trial Court.

2.3 On the basis of aforesaid complaint, case was registered and numbered as Criminal Case No. 1548/1991 and summons was issued against the respondent and the respondent has appeared before the Court. The charges were read over to respondent, wherein he has not pleaded guilty to the charges levelled against him and claimed to be tried. Before trial Court, the prosecution has examined complainant and panch witnesses as well as relied upon the documentary evidence in support of oral evidence laid by prosecution.

2.4 After hearing both the parties and after evaluating the evidence placed on record, the trial Court has passed impugned judgment and order dated 22.8.2006 in Criminal Case No. 1548 of 1991 and acquitted present respondent accused from the charges levelled against him.

2.5 Being aggrieved and dissatisfied with the impugned judgment and order of acquittal, the appellant – State of Gujarat has preferred present appeal.

3. Heard Ms.Jyoti Bhatt, learned Additional Public Prosecutor for the appellant – State of Gujarat and Mr. Mansuri, learned Counsel for Mr. M.T.M. Hakim, learned advocate for the respondent – accused.

4. It has been submitted by Ms.Jyoti Bhatt, learned Additional Public Prosecutor for the appellant – State of Gujarat that the prosecution has proved the charges against present respondent original accused by producing cogent and material evidence by examining the complainant witness and producing the relevant documentary evidence however, without considering the same in its true and proper perspective, the trial Court has committed serious error of law and on facts by passing impugned judgment and order of acquittal. She has relied upon the Certificate of Test of Analysis by the Central Food Laboratory, Ghaziabad Exh.4 dated 25.6.1991 and more particularly, she has emphasized upon clause No.8 which reads as under:-

"(8) Test for presence of oil soluble coal tar colour: Positive. The sample shows presence of one oil soluble coal tar colour of pink shade"

4.1 Relying upon the said report, learned APP submit