Case Law Details
State of Gujarat Vs Naushadali Najarali Dhanani (Gujarat High Court)
HC held that Pursuant to the plain reading of Section 19(2) of Prevention of Food Adulteration Act, 1954, Vendor shall not be deemed to have committed any offence. If he has purchased the article of food in any other status from any manufacturer, distributor or dealer with written warranty in the prescribed form, this Court is of the opinion that the learned Judicial Magistrate has rightly acquitted the accused persons. This Court has also gone through the judgment of this Court in the case of Ramesh Chandra Gandalal Shah (supra), wherein such view is also taken.
FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT
1. Being aggrieved and dissatisfied by the judgment and order passed by the learned Judicial Magistrate, Ist Class, Mangrol dated 25.07.2012 in Criminal Case No. 612 of 1998. The State has moved before this Court by filing this appeal, wherein the facts of the present case are as under.
2. That accused no.1 herein was the vendor and accused no. 2 herein was the owner of Didar Traders (Firm). On 05.02.1996, the complainant visited the shop of accused for inspection namely Didar Traders, where the accused no.1 was present. It is further contended that the complainant shown his identity as a Food Inspector to the accused no.1 & 2 and took 450 gms. sample of “Marshal Agmark Chili Powder” for the purpose of analysis. After following necessary procedure, sealed the same in three clean Jars and sent it to the Public analyst, Vadodara, for analysis. In the said report, it was found that the artificial color and wheat starch was added in the said “Chili Powder” and it was adultered. The complainant obtained necessary sanction from Local Health Authority as per law to lodge complaint against the said accused and lodged the complaint against them before the Judicial Magistrate, First Class, Mangrol.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
