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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.