CR.A/2492/2009

Judgment text excerpt

NEUTRAL CITATION R/CR.A/2492/2009 JUDGMENT DATED: 10/06/2026 2026:GUJHC:37479 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 2492 of 2009 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK ========================================================== Approved for Reporting Yes No ========================================================== STATE OF GUJARAT, THRO' FOOD INSPECTOR, GANDHINAGAR Versus JETHABHAI HARUBHAI KESVANI & ORS. ========================================================== Appearance: MS JIRGA JHAVERI ADDITIONAL PUBLIC PROSECUTOR for the Appellant(s) No. 1 MR DK MODI(1317) for the Opponent(s)/Respondent(s) No. 1,2,3,4,5 MR MD MODI(1318) for the Opponent(s)/Respondent(s) No. 1,2,3,4,5 ========================================================== CORAM:HONOURABLE MR. JUSTICE HEMANT M. PRACHCHHAK Date : 10/06/2026 JUDGMENT 1. This appeal is filed under Section 378(4) of the Criminal Procedure Code against the impugned judgment and order dated 13.08.2009 passed by the learned Judicial Magistrate First Class, 2 nd Court, Vadodara (hereinafter be referred to as “the trial Court”) in Criminal Case No. 2703 of 1998 whereby the trial Court has acquitted the accused for the offences punishable under Sections 2(ia) (a) (b) and 7(1)(v) and Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter be referred to as “the Act”) and the Prevention of Food Adulteration Rules (hereinafter be referred to as “the Rules”). Page 1 of 12 Uploaded by () on Downloaded on : Tue Jun 30 22:40:57 IST 2026 NEUTRAL CITATION R/CR.A/2492/2009 JUDGMENT DATED: 10/06/2026 2026:GUJHC:37479 2. Short facts of the prosecution case are that, on 10.04.1997, the complainant - Food Inspector, Shri J.B.Gohil went to shop of Firm namely Tulshi Distributor