State through Iva Fernandes v. Shri. Selvom Athisavem and Anr.

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 227 OF 2009

IN

STAMP NUMBER MAIN NO. 2161 OF 2009

STATE THROUGH IVA FERNANDES ... Applicant Versus SHRI. SELVOM ATHISAVEM AND ANR., ... Respondents

... Respondents

Mr. C. A. Ferreira, Public Prosecutor for the applicant.

Mr. J.P. Mulgaonkar Advocate for the respondents.

Coram:U. D. SALVI, J.

Date:10th November, 2009

P.c.

Heard.

1. Perused the application, copies of the impugned judgment and appeal memo. Leave to appeal from the order of the acquittal of the respondents/ accused under section 7(i) r/w section 2(ia)(a)(j), section 7(ii) r/w section 2(ix)(j)(k) of the Act and section 7(v) r/w Rules 23, 29 and 32 of the Prevention of Food Adulteration Rules, 1955 and under section 16 of the Act passed in Other Act Criminal case no.1532/S/2004/C by the learned JMFC, at Mapusa on 31.3.2009 is sought on the ground that learned trial Court erred in construing the provisions of law and the evidence tendered before it. It appears that initially re-trial was ordered vide order dated 22.10.2008 in criminal appeal no. 239/2007 for the reason of the learned JMFC committing an illegality in not explaining the ingredients of offence of misbranding and not considering the said aspect while passing the judgment, and the re-trial has resulted in the impugned judgment.