The State of Gujarat vs Arvindbhai Maganlal Solani and 5

G.R. Udhwani, J.—The State of Gujarat is in appeal against the impugned judgment and order dated 30th September, 2004, passed by the

learned Judicial Magistrate First Class, Vankaner, Dist: Rajkot, acquitting the respondents from the charges levelled against them under the

Prevention of Food Adulteration Act, 1954 (For short ""the Act""). It is not necessary to enter into detail merits of the case inasmuch as it is not in

dispute that no notice, as required by Section 13(2) of the Act was given to the respondents. Under the said provision, the appellant was obliged,

after launching of the prosecution and receipt of the report of the public analyst finding the food article to have been adulterated to send a report to

a person concerned & inform him that if he so desires, he may make an application to the Court within a period of ten days from the date of

receipt of the copy of the report to get the sample of the article of food Kept by the Local (Health) Authority analyzed by the Central Food

Laboratory. This is a valuable right given to the accused and the same having been violated, the respondents were entitled to an acquittal on this

sole ground.

In the result, submission of Mr. Soni, learned Additional Public Prosecutor that since public analyst report was available, no prejudice could

have been caused to the respondent has not merit. The appeal, is therefore, required to be dismissed. Accordingly, the appeal stands disposed of.

No order as to costs.