Back
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State Of Gujarat - Thro'ratilal Shivlal Patel, Food Inspector – Appellant
Versus
Manishkumar Bhogilal Modi – Respondent
JUDGMENT :
S.V. PINTO, J.
1. The appeal is filed by the appellant State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgement and order of acquittal passed by the learned 2nd Additional Chief Judicial Magistrate, Palanpur (hereinafter referred to as “the learned Trial Court”) in Criminal Case No. 525/1997 on 31.03.2011, whereby, the learned Trial Court has acquitted the respondents for the offence punishable under Sections 2(ia)(a)(b) and 7(i) of The Prevention Of Food Adulteration Act, 1954 (hereinafter referred to as “the Act” for short) and Rule 44AAA read with Section 7(v) and Section 16(1)(a) of The Food Adulteration Rules.
1.1 The respondents are hereinafter referred to as “the accused” as they stood in the original case for the sake of convenience, clarity and brevity.
2. The brief facts that emerge from the record of the case are as under:
2.1 On 19.09.1996 at around 13.00 hours in the afternoon, the complainant - Food Inspector - Rathilal Shivram Patel visited M/s. Bhavani Provision Stores at Baradpura in Palanpur and found the accused no. 1 selling food items. On inquiring, it was found that the accused no. 2 was the owner of M/s. Bhavani provi
In acquittal appeals, the presumption of innocence remains until proven otherwise, and intervention is only warranted when the lower court's decision is perverse or illegal.
In criminal appeals, acquittals should not be overturned unless substantial evidence indicates manifest error, upholding the presumption of innocence.
In acquittal appeals, a Court cannot disturb findings if multiple reasonable conclusions arise, reinforcing the presumption of innocence for the accused.
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 acquittal will not be disturbed unless compelling errors are evident; the presumption of innocence heavily favors the accused in such cases.
The appellate court upheld the trial court's acquittal, emphasizing that an acquittal should not be overturned unless there is evident illegality or insufficient evidence contrary to natural justice ....
Appellate courts hold full power to review acquittal evidence; however, they must respect trial court findings that are reasonable, reinforcing the presumption of innocence.
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.
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
