State of Gujarat vs Rajesh Kumar Chetan Das Kalyani notice through Food Inspector

Z.K. Saiyed, J.—The present appeal, u/s 378(4) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 24.12.2008 passed by the learned 2nd Additional Civil Judge and Judicial Magistrate, First Class, Nadiad in Criminal Case No. 17 of 2003, whereby the accused has been acquitted from the charges leveled against him. The brief facts of the prosecution case are as under:

1.1 It is case of the prosecution that the Food Inspector visited the shop of the respondent firm on 16.6.2003 and after following due procedure, took sample of turmeric powder which was being crushed, packed and sold by the respondent, in presence of witnesses and panchas. On 17.6.2003, the Food Inspector sent the sample to the Public Analyst, Bhuj and Local Health Authority, Nadiad for analysis. The said sample was found adulterated in the report. Therefore, complaint was filed for the offences under Sections 2(ix)(b)(h)(k) and Section 32(c)(i) read with Sections 7(2) (5) and 16(1A) (1) of the Prevention of Food Adulteration Act.

1.2 Therefore, Criminal Case No. 17 of 2003 with respect to the aforesaid offence was filed against the respondent before the learned Additional Civil Judge and Judicial Magistrate, First Class, Nadiad. During the course of investigation, charge-sheet was filed against him before the court of learned Nadiad.

1.3 To prove the case against the present accused, the complainant has also produced documentary evidence and two witnesses has also been examined. Learned trial Judge by his order dated 24.12.2008, has acquitted the accused.

Being aggrieved by and dissatisfied with the aforesaid judgment and order passed by the learned trial Court the appellant has preferred the present appeal.

It was contended by learned APP Mr. D.C. Sejpal that the judgment and order of the trial Court is against the provisions of law; the trial Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.

3.1 Thus, it is a settled principle that while exercising appellate power, even if two reasonable conclusions are possible on the basis of the evidence on record, the appellate court should not disturb the finding of acquittal recorded by the trial court.

3.2 Even in a recent decision of the Apex Court in the case of State of Goa v. Sanjay Thakran & Anr. (2007)3 SCC 75, the Court has reiterated the powers of the High Court in such cases. In para 16 of the said decision the Court has observed as under:

From the aforesaid decisions, it is apparent that while exercising the powers in appeal against the order of acquittal the Court of appeal would not ordinarily interfere with the order of acquittal unless the approach of the lower Court is vitiated by some manifest illegality and the conclusion arrived at would not be arrived at by any reasonable person and, therefore, the decision is to be characterized as perverse. Merely because two views are possible, the Court of appeal would not take the view which would upset the judgment delivered by the Court below. However, the appellate court has a power to review the evidence if it is of the view that the conclusion arrived at by the Court below is perverse and the Court has committed a manifest error of law and ignored the material evidence on record. A duty is cast upon the appellate court, in such circumstances, to re-appreciate the evidence to arrive to a just decision on the basis of material placed on record to find out whether any of the accused is connected with the commission of the crime he is charged with.

3.3 Similar principle has been laid down by the Apex Court in the cases of State of Uttar Pradesh v. Ram Veer Singh & Ors. 2007 AIR SCW 5553 and in Girja Prasad (Dead) by LRs v. State of MP. 2007 AIR SCW 5589 Thus, the powers which this Court may exercise against an order of acquittal are well settled.

3.4 It is also a settled legal position that in acquittal appeal, the appellate court is not required to re-write the judgment or to give fresh reasonings, when the reasons assigned by the Court below are found to be just and proper. Such principle is laid down by the Apex Court in the case of State of Karnataka Vs. Hemareddy Alias Vemareddy and Another, , wherein it is held as under:

This court has observed in Girja Nandini Devi and Others Vs. Bijendra Narain Choudhury, , that it is not the duty of the appellate court when it agrees with the view of the trial court on the evidence to repeat the narration of the evidence or to reiterate the reasons given by the trial court expression of general agreement with the reasons given by the Court the decision of which Is under appeal, will ordinarily suffice.

I have gone through the judgment and order passed by the trial court. 1 have also perused the oral as well as documentary evidence led by the trial court and also considered the submissions made by learned APP for the appellant. It appears from the record of the case that the reports of the public analyst Exhibit 33 and 34 shows that the sample which was produced before the analyst found as per standard and it was not found misbranded. Even perusal of the documentary evidence, the complainant has failed to prove the case beyond reasonable doubt.

Learned APP is not in a position to show any evidence to take a contrary view of the matter or that the approach of the trial court is vitiated by some manifest illegality or that the decision is perverse or that the trial court has ignored the material evidence on record.

In the above view of the matter, I am of the considered opinion that the trial court was completely justified in acquitting the respondent of the charges leveled against him.

I find that the findings recorded by the trial court are absolutely just and proper and in recording the said findings, no illegality or infirmity has been committed by it. I am, therefore, in complete agreement with the findings, ultimate conclusion and the resultant order of acquittal recorded by the court below and hence find no reasons to interfere with the same. Hence the appeal is hereby dismissed. Ball bond, if any, stands cancelled. Record and proceedings to be sent back to trial Court, forthwith.