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2025 Supreme(Guj) 2030

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
S.V. PINTO
State Of Gujarat - Thro' P R Panchal, Food Inspector – Appellant
Versus
Rana Harivadan Shanabhai-Distributor Of Tulja Provision Stor – Respondent


Advocates Appeared:
For the Appellant : Ms.C.M.Shah, APP
For the Respondent: Mr M D Modi

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 Chief Judicial Magistrate, First Class, Padra (hereinafter referred to as ‘the learned Trial Court’) in Criminal Case No.4109 of 1993 on 28.07.2021, whereby, the learned Trial Court has acquitted the respondent – accused from the offences punishable under Sections 2(ia)(a)(b)(c), 7(i), 7(v) and 16(1)(i-a)(2) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as ‘the PFA Act’) and Rule-29 of the Food Adulteration Rules, 1955 (hereinafter referred to as the “FA Rules”).

1.1. The respondents are hereinafter referred to as ‘the accused’ as they stood in the rank and file 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 18-08-1993, at around 10.15am, Punamchand Revabhai Panchal, Food Inspector, Vadodara, went to “Tulja Provision Store” situated in Marcha Gali, at Padra, and found the accused no.1 Harivadhan Shanabhai

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