State Of M.P. vs Narendra Kumar Modi
2023 Latest Caselaw 6890 MP

                                                               1
                             IN     THE         HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                   ON THE 27 th OF APRIL, 2023
                                                CRIMINAL APPEAL No. 891 of 2005

                            BETWEEN:-
                            STATE OF M.P. FOOD AND MEDICAL PARSHASAN
                            DISTT. MORENA (MADHYA PRADESH)

                                                                                             .....APPELLANT
                            (BY SHRI G.S.CHAUHAN - PUBLIC PROSECUTOR)

                            AND
                            NARENDRA KUMAR MODI S/O S/O SHRI RAJENDRA
                            PRASAD MODI, AGED ABOUT 27 YEARS, R/O
                            GANESHPURA, MAHAVEER KI CHAKKI KE PASS,
                            MORENA (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                            (BY SHRI DHARMENDRA GARG WITH RAJMANI BANSAL, LEARNED
                            COUNSEL FOR THE RESPONDENT) .

                                  Th is appeal coming on for hearing this day, t h e court passed the
                            following:
                                                                 ORDER

The present appeal under Section 378 of Cr.P.C. has been filed by the State challenging the judgment of acquittal dated 04.03.2004 passed by the Court of JMFC in criminal case No.884/2003 whereby the respondent has been acquitted of offence punishable under Sections 7(1), 16(1)(a)(1) of Food Adulteration Act.

It is settled principle of law that in an appeal challenging the judgment of acquittal, the appellate Court would be slow in interfering with the judgment of the trial court. It is the fundamental principle of criminal jurisprudence that the Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/28/2023 10:55:40 AM

accused is presumed to be innocent till guilt is proved. The presumption of innocence gets strengthened after the judgment of acquittal. Further, it it settled principle of law that High Court should interfere with the judgment of acquittal passed by trial Court if it arrives at a finding that the trial Court's decision is perverse or otherwise unsustainable.

On perusal of record, this Court does not find any illegality or perversity in passing the judgment of acquittal by the trial Court This revision is accordingly fails and is hereby dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 4/28/2023 10:55:40 AM