Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 1
CASE NO.:
Appeal (crl.) 39 of 2001
PETITIONER:
State of Gujarat
RESPONDENT:
Rameshbhai Thobhanbhai
DATE OF JUDGMENT: 30/05/2007
BENCH:
R.V. RAVEENDRAN & LOKESHWAR SINGH PANTA
JUDGMENT:
JUDGMENT
O R D E R
The issue involved in this appeal has been considered by us in Crl.
Appeal No.38/2001. The Addl. Chief Judicial Magistrate, Gundal, following
the decision of the Gujarat High Court in Special Crl. Appeal No.803/1998
(which is the subject matter of Crl.A. No.38/2001 decided today), has
directed the complainant (Food Inspector/State) by order dated 30.12.1997
to pay the fee for second analysis of the sample under section 13(2) of the
Prevention of Food Adulteration Act, 1954 (’Act’ for short). The said order
was confirmed by the High Court by order dated 9.5.2000 in Crl. Revision
No. 21/2000.
2. Following the decision rendered by us today in Crl. Appeal No.
38/2001, this appeal is allowed and the order of the High Court and the
learned Magistrate directing the complainant to pay the fee are set aside, and
it is declared that the accused-respondent is liable to pay the fee for the
second analysis under section 13(2) of the Act.