JUDGMENT:

RAVEENDRAN, J.

1. This appeal by special leave is by the State of Gujarat against the judgment dated 7.10.1999 passed by the Gujarat High Court in Special Criminal Application No. 803 of 1998.

2. The Food Inspector, Rajkot launched a prosecution against the respondents in respect of offences under Sections 7(i) and (v) of the Prevention of Food Adulteration Act, 1954 ("Act" for short) punishable under Section 16 of the said Act. During the pendency of the said proceedings, the first respondent made an application under Section 13(2) of the Act to get a second analysis of sample of the article of food kept with the Local (Health) Authority, by the Central Food Laboratory. The learned Judicial Magistrate allowed the said application on 8.5.1996 and directed the respondents to deposit the fee prescribed under Rule 4(6) of the Prevention of Food Adulteration Rules, 1955 (Rules for short) for issue of Certificate by the Central Food Laboratory. The respondents neither deposited the said amount nor challenged the said direction for deposit of the fee. Nearly one year later, the respondents raised an objection that having regard to the provisions of the Act and the Rules, they were