The present acquittal Appeal has been filed by the State, under Section 378(4) Cr. P.C., against the Judgment and order dated 27.11.2000, rendered in PFA Case No.72 of 1995 by the learned Judicial Magistrate, Municipal Court, Surat. The said case was registered against the present respondent for the offence under Sections 7(1) as well as Section 16 of the Prevention of Food Adulteration Act (for short "PFA Act") in the Court of learned Magistrate. The said Judgment of the trial Court has been challenged by the complainant on the ground that the Judgment and order passed by learned Magistrate is against the law and evidence on record.
According to the case of the complainant, on 8.7.1995, the complainant Food Inspector, visited business premises of the appellant No.1 and took the sample of chilly powder, which was found adulterated. Thereafter, after completing the necessary procedure, the complainant sent the said samples to the Public Analyst for analysis. The Public Analyst submitted the report in which it has been found that "the sample of Chilly powder was not as per the provisions laid down under the Prevention of Food Adulteration Act and also found adulterated." Upon receipt of the report the complainant, after obtaining sanction, filed complaint against the respondent - accused in the Court of learned Magistrate, being PFA Case No.72 of 1995.
At the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Magistrate vide impugned Judgment, acquitted the respondent - accused.
Learned advocate Mr. Shah appearing on behalf of the appellant has contended that the Judgment and order of acquittal is contrary to law and evidence on record and is not proper. He has also contended that the learned trial Judge has failed to appreciate that the sample in fact was found adulterated and not the provisions laid down under the Act. He has contended that the trial Court has failed to appreciate the report of Public Analyst. He has also contended that the offence punishable under the Act are directly connected with the health of public at large.
Learned APP Mr. Jani read the oral as well as documentary evidence and submitted that the office orders at Exhibit 147, 149, 150 and 151 were produced and on 27.5.1999, Dr. H.S. Desai, In-charge Medical Officer on the vacant post of Medical Officer of Health. He read Exhibit 152 and submitted that the authority of said Dr. Desai is not proved, therefore, learned Magistrate has rightly observed that the prosecution has not followed the provisions of Section 20 of the Act.
I have gone through the papers produced in the Case. I have also gone through the evidence led before the trial Court as well as the Expert Opinion. I have also gone through the Judgment of the trial Court. The learned Magistrate has observed in his judgment that there was violation of the procedure laid down under the Act. At the time of taking sample, the accused was not present and there is no evidence regarding selling of sample. Therefore, learned Magistrate has not committed any error while passing the order of acquittal. In the facts of the case I am in complete agreement with the reasons assigned by the trial Court.
It is 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 Appellate Court is in agreement with the reasons assigned by the trial Court acquitting the accused. In the instant case, this Court is in full agreement with the reasons given and findings recorded by the trial Court while acquitting the respondents - accused and adopting the said reasons and for the reasons aforesaid, in my view, the impugned Judgment is just, legal and proper and requires no interference by this Court at this stage. Hence, this Appeal requires to be dismissed.
In the result, the Appeal is hereby dismissed. The impugned Judgment and order dated 27.11.2000 passed by the learned Judicial Magistrate First Class, Municipal Court, Surat in PFA Case No.72 of 1995, acquitting the respondent - accused, is hereby confirmed.
(Z.K.SAIYED,J.) ynvyas Top