Gujarat High Court
State Of Gujarat - Thro' Harshaben B ... vs Altafali Gulamhusen Panwala on 25 September, 2025
Author: Gita Gopi
Bench: Gita Gopi
NEUTRAL CITATION
R/CR.A/798/2014 ORDER DATED: 25/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL APPEAL (FOR ENHANCEMENT) NO. 798 of 2014
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STATE OF GUJARAT - THRO' HARSHABEN B PATEL, FOOD INSPECTOR
Versus
ALTAFALI GULAMHUSEN PANWALA & ORS.
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Appearance:
MR ROHANKUMAR RAVAL, ADDITIONAL PUBLIC PROSECUTOR for the
Appellant(s) No. 1
MR DK MODI(1317) for the Opponent(s)/Respondent(s) No. 2,3,4,5
MR MD MODI(1318) for the Opponent(s)/Respondent(s) No. 2,3,4,5
RULE SERVED BY DS for the Opponent(s)/Respondent(s) No. 1
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CORAM:HONOURABLE MS. JUSTICE GITA GOPI
Date : 25/09/2025
ORAL ORDER
1. A report has been placed by the Registry in context of the order dated 15.07.2025 stating that the present Appeal has been filed by the State for enhancement, the same is still pending for admission and the record and proceedings have been sent back to the trial Court on 15.07.2015.
2. The Report of the Registry on verification, states that Criminal Appeal No.28 of 2014 which was pending before the Sessions Court, Sabarkantha was disposed Page 1 of 3 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 22:13:34 IST 2025 NEUTRAL CITATION R/CR.A/798/2014 ORDER DATED: 25/09/2025 undefined of by a judgment dated 30.07.2024 by the learned 4 th Additional District Judge, Sabarkantha @ Idar; a copy of the online status states about the disposal of the matter alongwith a copy of the judgment in Criminal Appeal No.28 of 2014, where the appeal of the accused No.2 to 5 who were the appellants before the Court at Idar came to be allowed and the conviction under the Prevention of Food Adulteration Act, 1954 came to be set aside and all the appellants were acquitted.
3. Learned advocate Mr. D.K. Modi for the respondent/s submitted that in view of the acquittal judgment, the present Appeal preferred by the State for enhancement of sentence would become infructuous.
4. Learned Additional Public Prosecutor Mr. Rohankumar Raval on perusing the judgment dated 30.07.2024 of the learned 4th Additional District and Sessions Judge, Sabarkantha at Idar submitted that the Appeal would not survive. However, a request is made for reserving Page 2 of 3 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 22:13:34 IST 2025 NEUTRAL CITATION R/CR.A/798/2014 ORDER DATED: 25/09/2025 undefined a liberty after necessary legal advice if the process could be initiated.
5. In view of Report of the Registry and the statement made by learned advocate Mr. D.K. Modi for the respondents and on perusal of the order of acquittal in Criminal Appeal No.28 of 2014 where the present respondents as appellants came to be acquitted and now, when no conviction and sentence lies against them, the prayer for enhancement of sentence would not survive. Hence, the present Criminal Revision Application stands disposed of infructuous, with the liberty reserved in favour of the State as prayed for.
Sd/-
(GITA GOPI, J) CAROLINE / SB-1 # 3 Page 3 of 3 Uploaded by CAROLINE ANTHONISWAMY(HC00212) on Mon Sep 29 2025 Downloaded on : Mon Sep 29 22:13:34 IST 2025