MAHESH JAYANTILAL RANAversusVIJAYBHAI RAMNIKLAL MANAK

     R/CR.RA/387/2018                                JUDGMENT DATED: 12/03/2026




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

R/CRIMINAL REVISION APPLICATION (AGAINST ACQUITTAL) NO. 387
                          of 2018


FOR APPROVAL AND SIGNATURE:


HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR
==========================================================

             Approved for Reporting                 Yes          No

==========================================================
                             MAHESH JAYANTILAL RANA
                                     Versus
                        VIJAYBHAI RAMNIKLAL MANAK & ANR.
==========================================================
Appearance:
MR KAUSHAL D PANDYA(2905) for the Applicant(s) No. 1
MALAY S PATEL(8901) for the Respondent(s) No. 1
MR ROHAN REAVL, APP for the Respondent(s) No. 2
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 CORAM:HONOURABLE MR. JUSTICE HASMUKH D. SUTHAR

                                Date : 12/03/2026
                                ORAL JUDGMENT


1.       By way of present application the applicant seeks the
following relief:


         “A. Be pleased to quash and set aside the impugned judgment
         and final order of acquittal dated 08.09.2017 passed by the
         learned 3rd Additional Sessions Judge, Surat in Criminal
         Appeal No.71 of 2016.”


2.       Heard learned advocate for the respective parties.


3.       Learned advocate for the applicant submits that the



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     R/CR.RA/387/2018                         JUDGMENT DATED: 12/03/2026




learned appellate court has committed an error in relying upon
the judgment passed by the Hon’ble Apex Court in the case of
Nemi Chand v. State of Rajasthan, reported in (2018) 17
SCC 448, which is not applicable to the facts of the present
case, even though the contravention of the provisions of the
Prevention of Food Adulteration Act is proved on record.
Therefore, the present petition may be allowed.


3.       Having heard the learned advocates for the respective
parties and having gone through the documents produced on
record, it appears that the learned trial court was pleased to
record the conviction on 13th May 2016 for an offence committed
in the year 2008.



4.       On perusal of the Public Analyst’s report, it appears that
the case does not fall within the category of food which is
injurious to health (unsafe category). If the article in question is
substandard in nature and does not fall within the category of
unsafe food, then, relying upon the provisions of the Food Safety
and Standards Act, 2006, only penalty or levy of fine is
contemplated. In such circumstances, the learned Sessions
Judge has not committed any error, more particularly in light of
the judgment in Nemi Chand v. State of Rajasthan (supra). A
similar view has also been taken in Triloki Chand v. State of
Himachal Pradesh, reported in (2020) 10 SCC 763. In cases
where the article is found to be substandard, only penalty in the
form of fine is required to be imposed.




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          R/CR.RA/387/2018                                                JUDGMENT DATED: 12/03/2026




    5.        In view of the above, no interference is required in the
    order passed by the learned Sessions Judge and the same does
    not call for any interference with the findings recorded by the
    Sessions Court. Hence, the present Revision Application stands
    dismissed.


                                                                       (HASMUKH D. SUTHAR,J)
    ALI




Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: ISTAYAK ALI(HC01093), PRIVATE SECRETARY, at High Court of Gujarat on 12/03/2026 17:40:03




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