JUDGMENT

(Smt.) Ranjana Prakash Desai, J.:-Leave granted.

2. This appeal, by special leave, is directed against judgment and order dated 07/01/2011 passed by the High Court of Delhi in Criminal Misc. Case No.427 of 2009 whereby the High Court dismissed the petition filed by the appellant holding that an appeal filed by the State against an order of acquittal shall lie to the Sessions Court under Section 378(1) of the Code of Criminal Procedure, 1973 (for short, “the Code”) and not under Section 378(4) of the Code to the High Court.

3. The appellant is the supplier-cum-manufacturer of the food article namely Sweetened Carbonated Water. He is carrying on business in the name and style of M/s. Subhash Soda Water Factory. On 6/6/1989 at about 4.15 p.m., one P.N. Khatri, Food Inspector, purchased a sample of sweetened carbonated water for analysis from one Daya Chand Jain, Vendor-cum- Contractor of Canteen at Suraj Cinema, Dhansa Road, Najafgarh, Delhi. After following the necessary procedure, the sample was sent to the Public Analyst for analysis. On analysis, the Public Analyst opined that the sample does not conform to the prescribed standard. After conclusion of the investigation, t