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2025 Supreme(Guj) 1968

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State Of Gujarat - Through A K Kher - Senior Food Inspector – Appellant
Versus
Dineshkumar Natvarlal Chhag – Respondent


Advocates Appeared:
For the Appellant : MS.C.M.SHAH, APP
For the Respondent: MR. SOEB R. BHOHARIA(2205) VALIMOHAMMED PATHAN(6383)

JUDGMENT :

S.V. PINTO, J.

1. This appeal has been filed by the appellant – State under Section 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’) against the impugned judgment and the order passed by the learned Judicial Magistrate First Class, Kodinar (hereinafter referred to as ‘the learned Trial Court’) in Criminal Case No. 543 of 2000 on 28.12.2011, whereby, the learned Trial Court has acquitted the respondent – accused from the offences punishable under Sections 7(i), 7(v) and 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as ‘the Act’).

1.1. The respondent is hereinafter referred to as ‘the accused’ as he stood in the original case, for the sake of convenience, clarity and brevity.

2. The relevant facts leading to filing of the present appeal are as under:

2.1. On 03.02.2000, the complainant Arjunbhai Kesarbhai Kher, visited Hari Dugdalay, situated in Trikamrai Chowk area, Kodinar, with panch witness Jivabhai Bhayabhai Jadhav. The accused was present at the shop, and after the complainant introduced himself, he found that the accused was selling milk and milk products, and found three packed tins of ghee of 15 kg

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