Back
HEMANT M. PRACHCHHAK
State Of Gujarat – Appellant
Versus
Laxmanbhai Arjanbhai Gehani – Respondent
JUDGMENT :
1. This appeal under Section 378(4) of the Criminal Procedure Code is directed against the impugned judgment and order dated 30.11.2012 passed by the learned Additional Judicial Magistrate First Class, Kapadvanj (hereinafter be referred to as “the trial Court”) whereby the trial Court has acquitted the accused for the offences punishable under Sections 2(1A) (A) (M) (L), 2(IS)(K), Section 7(1)(5) and Section 16(1A) of the Prevention of Food Adulteration Act (hereinafter be referred to as “the Act”) and the Prevention of Food Adulteration Rules (hereinafter be referred to as “the Rules”).
2. Brief facts of the present case, in nutshell, are as under:-
2.1 According to the complainant Food Inspector Shri Kanjibhai Virabhai, he was performed his duties as Food Inspector with the State of Gujarat, has visited the place of respondent – original accused situated at Azad Chowk, Kapadvanj. It is the case of the prosecution that during his visit of the shop of the respondent – accused, it was found that the respondent - accused was dealing in business of tobacco articles i.e. Tulsi Mix Gutka, Manekchand, Mahak, Zatpat, Kuber, Vimal etc. According to the complainant, after giving int
The court reaffirmed that non-compliance with statutory provisions under the Prevention of Food Adulteration Act can lead to acquittal, emphasizing the accused's rights to challenge the prosecution's....
The main legal point established in the judgment is that statutory provisions must be strictly interpreted, and non-compliance with procedural requirements may not necessarily invalidate the prosecut....
Compliance with mandatory sampling protocols is crucial under food safety laws; lapses in procedure undermine prosecution's burden of proof, potentially leading to acquittal.
The court confirmed the conviction based on compliance with food safety regulations, determining specific procedural requirements were mandatory, while others were directory, influencing the admissib....
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.
Food Inspector having taken steps to proceed against distiller, accused is entitled to take defence provided by Section 19(2) (b). It is not case of prosecution that accused did not properly store fo....
An acquittal will not be disturbed unless compelling errors are evident; the presumption of innocence heavily favors the accused in such cases.
In criminal appeals against acquittal, the burden of proof lies with the prosecution, which must establish guilt beyond reasonable doubt; failure to adhere to sampling procedures can lead to acquitta....
Acquittals in criminal cases can only be overturned if the trial court's decision is manifestly erroneous or lacks legal justification; the prosecution must prove compliance with statutory requiremen....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
