CR.A/115319/1992 1/5 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CRIMINAL APPEAL No. 1153 of 1992 For Approval and Signature: HONOURABLE MR.JUSTICE H.B.ANTANI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= STATE OF GUJARAT - Appellant(s) Versus BHARATBHAI NATHABHAI - Opponent(s) ========================================================= Appearance : MR.P.D.BHATE, APP for Appellant(s) : 1, None for Opponent(s) : 1, NOTICE SERVED for Opponent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE H.B.ANTANI Date : 05/12/2008 ORAL JUDGMENT 1. This appeal preferred under Section 378 of the Criminal Procedure Code, 1973 is directed against the order of acquittal passed by learned Chief Judicial Magistrate, Amreli in Criminal Case No.2562 CR.A/115319/1992 2/5 JUDGMENT of 1988 dated 28.8.1992. 2. The short facts giving rise to the present appeal are stated herein below. 3. The complainant- Food Inspector visited the godown where the groundnut oil was stored and took the sample of groundnut oil from the godown of the respondent and on carrying out the analysis, it was found that the sample of the groundnut oil was not in accordance with either the provisions of the Food Adulteration Act, 1954 or the rules made there under. Therefore, after going through the procedural formalities, the Food Inspector filed the complaint against the respondent in the Court of JMFC, Amreli. The respondent preferred an application before the learned Judge praying therein for discharge. Learned Chief Judicial Magistrate First Class, Amreli after hearing the submissions at length on the said application passed the order of discharge of the respondent under Section 245(1) of Criminal Procedure Code. 4. The State being aggrieved by the aforesaid order preferred the present appeal under Section 378 of Criminal Procedure Code contending inter-alia that the learned Judge has erred in appreciating the provisions of Section 10 of Prevention of Food Adulteration Act in allowing application of the respondents and discharging him from the offence punishable under Prevention Food Adulteration Act. The learned Judge has committed an error in appreciating various provisions of Food Adulteration Act and the rules made thereunder while discharging CR.A/115319/1992 3/5 JUDGMENT the respondent. The learned APP placing reliance on the provisions contained in Section 7 and 9 of the Prevention of Food Adulteration Act submitted that the order passed by the learned Magistrate requires to be set aside and appeal is required to be allowed by quashing and setting aside the order passed by the learned Magistrate below the application Exh.59 preferred by the respondent. 5. Though, served none appears for the respondent. 6. I have taken into consideration the averments made in the appeal memo as well as the order passed by the learned Judge and the reasons assigned therein. The deposition adduced by Food Inspector, Shri Patel, is also carefully perused by me. The incident in question took place in 2.12.1988. On the date of incident, the godown of the respondent was visited by the Food Inspector and sample was taken from the groundnut oil which was kept in the godown of the respondent. After obtaining the sample, the same was sent for analysis. However, the learned Judge acquitted / discharged the respondent on the ground that if the sample was taken from the godown of the State Government and the groundnut oil was also in possession of the State Government. It was not kept for sale by the State Government and as there was no breach of either provisions contained in prevention of Food Adulteration Act or the rules made therein, the learned Judge discharged the respondent for the offences punishable under the Prevention of Food Adulteration Act, 1954 as well as Rules made thereunder. CR.A/115319/1992 4/5 JUDGMENT 7. Three is no reason for this Court to interfere in an appeal preferred by the State as the learned Judge has assigned sufficient reasons for discharging the respondents and therefore, no interference is called for in an appeal preferred by the State. 8. This is an acquittal appeal in which the Court would be slow to interfere with the order of acquittal. Infirmities in the prosecution case go to the root of the matter and strike a vital blow on the prosecution case. In such a case, it would not be safe to set aside the order of acquittal, more particularly when the evidence has not inspired confidence of the learned Magistrate. As this Court is in general agreement with the view expressed by the learned Magistrate, the Court does not think it necessary either to reiterate or to restate the reasons for acquittal given by the learned Magistrate and this Court is of the opinion that expression of general agreement with the view taken by the learned Magistrate would be sufficient in the facts of the case. This is so in view of the decisions rendered by the Supreme Court in the cases of (1) Girija Nandini Devi & Others Vs. Bijendra Narain Chaudhari, AIR 1967 SC 1124, and (2) State of Karnataka Vs. Hema Reddy and Another, AIR 1981 SC 1417. 9. For the forgoing reason, the appeal is liable to fail and it is hereby dismissed. (H.B.ANTANI, J.) 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