State Of Chhattisgarh vs Properietor - Karnail Singh
2022 Latest Caselaw 7201 Chatt

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                                                                 NAFR


       HIGH COURT OF CHHATTISGARH, BILASPUR
                    CRMP No. 1955 of 2022

    State of Chhattisgarh Through:- Food Safety Officer, Mr.
     Rakhi Thakur, Food & Drug Administration, Mahasamund,
     District : Mahasamund, Chhattisgarh

                                                    ---- Petitioner

                               Versus

    Properietor - Karnail Singh, S/o Harbansh Singh, Aged
     About 46 Years, Owner M/s Jai Babe The Dhaba, N.H. 53,
     Village      Ghodari,      Tehsil    Mahasamund           District-
     Mahasamund, Chhattisgarh, R/o Dindayal Upadhyay
     Nagar,      Birkoni,     Mahasamund,      Tehsil   &      District
     Mahasamund, Chhattisgarh.

                                                 ---- Respondent

For Petitioner/State : Mr. Alok Nigam, G.A.

Hon'ble Smt. Justice Rajani Dubey Order on Board 01.12.2022

1. Heard on I.A. No. 01/2022 which is an application seeking condonation of delay in filing the petition.

2. For the reasons mentioned in the application and the submissions made by counsel for the petitioner, I.A. No. 01/2022 deserves to be and is accordingly allowed and delay of 83 days in filing the petition is hereby condoned.

3. Also heard on application for grant of special leave to appeal filed under Section 378(3) of the Cr.P.C.

4. Learned counsel for the State submits that in the present

case there were specific evidence led by the prosecution

which proved the guilt of the respondent but the learned

trial Court has acquitted the respondent on technical

ground. He further submits that prosecution has proved

this fact that in one report vide Ex.P-9, sample packet

was found adulterated but the learned trial Court

considering the other report vide Ex.P-11, has acquitted

the respondent which is liable to be set aside, therefore,

application may be allowed and special leave may be

granted to the petitioner and this petition may be

registered as acquittal appeal.

5. Heard counsel for the petitioner and perused the

impugned judgment and the document annexed with

this petition.

6. This petition has been filed seeking leave to appeal

against the judgment and order dated 25.05.2022

passed by the learned Chief Judicial Magistrate,

Mahasamund, District- Mahasamund in Criminal Case

No. 2043/2019 whereby the learned trial court has

acquitted the respondent of the charges under Sections

59(i) & 63 of Food Safety and Standards Act, 2006.

7. Learned trial Court has meticulously examined the entire

evidence on record and found in para 15 of its judgment

that Reports vide Exs. P-9 & P-11 are contradictory to

each other but report (Ex.P-11) of Excellent Bio Research

Solution, Jabalpur is in favour of the respondent and on

this ground, trial Court has acquitted the respondent of

the charges under Sections 59(i) & 63 of Food Safety and

Standards Act, 2006.

8. The finding recorded by the learned Court below appears

to be based on proper appreciation of oral and

documentary evidence. The view which has been taken

by the learned trial Court seems to be plausible and

possible view and in the absence of any patent illegality

or perversity in the view taken by the learned court

below, merely because another view is also possible, this

Court does not incline to interfere in the impugned

judgment. Therefore, considering the limited scope of

interference against judgment of acquittal, this Court

does not consider present to be a fit case for grant of

leave to appeal.

9. Accordingly, the instant petition for grant of leave to

appeal is dismissed.

Sd/-

(Rajani Dubey) Judge

Ruchi