State Of Gujarat vs Rameshchandra Vinaychandra ...
2022 Latest Caselaw 169 Guj

     R/CR.MA/11675/2021                                     ORDER DATED: 05/01/2022




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

 R/CRIMINAL MISC. APPLICATION NO. 11675 of 2021
                       In
        R/CRIMINAL APPEAL NO. 912 of 2021
                      With
        R/CRIMINAL APPEAL NO. 912 of 2021
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                STATE OF GUJARAT
                     Versus
     RAMESHCHANDRA VINAYCHANDRA SANGHAVI
======================================
Appearance:
MR. R. C. KODEKAR, APP (2) for the Applicant(s) No. 1
MR MD MODI(1318) for the Respondent(s) No. 1,2,3,4
RULE SERVED(64) for the Respondent(s) No. 5
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 CORAM:HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN

                             Date : 05/01/2022

                               ORAL ORDER

Order in Criminal Misc. Application :-

1. The present application has been preferred by the applicant - State for leave to appeal to prefer an appeal challenging the impugned judgment and order dated 21 st January, 2020 passed by the 2 nd Addl. Chief Judicial Magistrate, Junagadh, acquitting respondents for the offence punishable under Sections 2(2A), (K), (M) of Prevention of Food Adulteration Act, 1954 and Rule 53 read with provisions of Section 7(1)(V) and 16 of the Act, whereas accused no.1 has been convicted for breach of provisions of Rule 50(1) of the Prevention of Food Adulteration Act, 1954 in Criminal Case No.13 of 2004.

2. Mr. M.D. Modi, learned advocate has filed Vakalatnama

R/CR.MA/11675/2021 ORDER DATED: 05/01/2022

on behalf of the respondent nos.1 to 4 and he submits that he will be filing Vakalatnama for respondent no.5 also. Registry is directed to accept the Vakalatnama of Mr. Modi, learned advocate and show his name for respondent nos.1 to 5 in the cause list.

3. Mr. Kodekar, learned APP for the applicant that the judgment and order of acquittal passed by the learned Magistrate is contrary to law, evidence on record and principles of justice. The cumulative effect of evidence of Food Inspector is not considered in its true perspective though the presence of castor oil was found in muddamal sample and as such muddamal chillies powder is found, there is no reason to disbelieve the case of the prosecution.

4. Having heard Mr. Kodekar, learned APP and Mr. Modi, learned advocate appearing on behalf of the respondent, leave to appeal is granted.

5. The present application stands disposed of.

Order in Criminal Appeal :-

ADMIT.

Bailable warrant be issued against the respondents - original accused in the sum of Rs.5,000/- (Rupees Five Thousand only) each.

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