State Of Gujarat - Thro' Harshaben B ... vs Altafali Gulamhusen Panwala
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Gujarat High Court

State Of Gujarat - Thro' Harshaben B ... vs Altafali Gulamhusen Panwala on 25 September, 2025

Author: Gita Gopi

Bench: Gita Gopi

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                            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

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R/CR.A/798/2014 ORDER DATED: 25/09/2025

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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

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R/CR.A/798/2014 ORDER DATED: 25/09/2025

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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