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CR.MA/9059/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 9059 of 2010
In
CRIMINAL
APPEAL No. 1346 of 2010
=========================================================
STATE
OF GUJARAT-FOR & ON BEHALF OF J N SONI, FOOD INSPECTOR -
Applicant(s)
Versus
RAFIKBHAI
UMARBHAI VASHIVALA & 3 - Respondent(s)
=========================================================
Appearance
:
MR.
H.L. JANI, ADDL. PUBLIC PROSECUTOR
for
Applicant(s) : 1,
None for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 09/12/2010
ORAL
ORDER
1). Present
application is filed by the complainant of Criminal Case No.562 of
1999, which was registered before the Ld. Chief Judicial Magistrate,
Himmatnagar as Criminal Case NO.562 of 1999. During the course of
hearing the prosecution has produced oral as well as documentary
evidence and Ld. JMFC, acquitted the present respondents-original
accused of this case. In that case prosecution has examined three
witnesses namely Jyotindra Narendraprasad Soni, prosecution witness
No.1 at Exh.60, Prosecution witness No.2 Kanakrai Prahladbhai Pandya
at Exh.100 and prosecution witness No.3 Vaksibhai Rupsinhbhai at
Exh.133 and also produced 23 documents at Page 14 and 15.
2). Heard
Ld. APP Mr. H.L. Jani. He has prayed for leave to appeal application
is required to be allowed. He has read the judgment and order of the
Ld. Judge and vehemently argued that looking to the observation made
by the Ld. Judge, Ld. Judge has committed grave error. The Ld. Judge
has not considered that Gutka pouch is adulterated and that acquittal
order is required to be set aside. Hence this application is
required to be considered.
3). I
have perused submissions of Ld. APP Mr. H.L. Jani and also perused
oral as well as documentary evidence produced before this Court. On
the perusal of the complaint itself, Appendix-B of the law is very
important part of the procedure and Appendix-B , Rule A 25.02.01 in
case of Chwingam and Magnesium Carbonate is permitted to be added and
on the packet of the product which was made by Tobacco, it is
required to be written on the packet that it is “Injurious to
Health” and nothing else, but in the said Appendix Rule 32 and
37 it was observed that two grams seal pack pouch of the Gutka,
there is no provisions to highlight that particular ingredients.
Even from the perusal of the evidence, the sanction is also not
proved beyond reasonable doubt and as per the provisions and rule is
concerned, Section 20 is also not proved. Today also Ld. APP Mr.
Jani is unable to convince this Court from the procedure of the
law. Hence I am of the opinion that leave to appeal is deserves to
be dismissed and is dismissed.
(Z.K.SAIYED,J.)
Vahid
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