State Of Gujarat On Behalf Of ... vs Ashvinkumar Kantilal Patel
2022 Latest Caselaw 4411 Guj

     R/CR.MA/20265/2021                              ORDER DATED: 26/04/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 20265 of 2021
                        In
        R/CRIMINAL APPEAL NO. 1721 of 2021
                       With
        R/CRIMINAL APPEAL NO. 1721 of 2021
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    STATE OF GUJARAT ON BEHALF OF MR.C.S.GOHIL
                      Versus
           ASHVINKUMAR KANTILAL PATEL
======================================
Appearance:
MR. R. C. KODEKAR, APP for the Applicant(s) No. 1
MR MD MODI(1318) for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                             Date : 26/04/2022

                               ORAL ORDER

Order in Criminal Misc. Application :-

Rule returnable forthwith. Mr. Modi, learned advocate waives service of notice of rule on behalf of the respondents.

By way of the present application under Section 378 (4) of the Code of Criminal Procedure, 1973, the applicant - State

- original complainant has prayed to grant leave to appeal against the judgment and order of acquittal dated 23 rd October, 2020 passed by learned Principal Senior Civil Judge & Addl. Chief Judicial Magistrate, Olpad in Criminal Appeal No.1387 of 2007, wherein the learned Magistrate was pleased to acquit the respondent - accused from the offence punishable under Section 2(ia)(a), and 2(ia) (J) of the Prevention of Food Adulteration Act and Rule 27, 23 r.w.s. 29

R/CR.MA/20265/2021 ORDER DATED: 26/04/2022

and 50, and under section 7(i), (ii), (iii) & (v) of the Food Adulteration Act.

Heard Mr. Kodekar, learned APP for the applicant - State.

Mr. M. D. Modi, learned advocate for the respondents has objected the leave to appeal and stated that the trial Court has rightly appreciated the evidence and there is no requirement of interference of this Court in the judgment and order passed by the Trial Court.

Upon hearing the submissions of the learned advocates for the respective parties and considering the facts and circumstances of the case, I am of the opinion that the present application requires consideration and hence, the same is allowed. Leave as prayed for is granted. Rule made absolute.

Order in Criminal Appeal :-

ADMIT.

Mr. Modi, learned advocate waives service of notice of rule on behalf of the respondents.

(RAJENDRA M. SAREEN, J.) AMAR RATHOD...