JUDGMENT - R.A. JAHAGIRDAR, J.:---By this petition the State seeks to challenge the order of discharge passed by the learned Metropolitan Magistrate of 28th Court, Bombay, in Case No. 5/S of 1976. In this case the opponent, who will hereinafter be referred to as the accused, was sought to be prosecuted for an offence punishable under section 16 of the Prevention of Food Adulteration Act, read with section 7(i) of the said Act and Rule 23 of the Rules framed thereunder. According to the averments in the complaint filed before the Magistrate, on 7th October, 1974 samples were taken of several bottled drinks which were being sold by the accused who was the proprietor of a soda Factory. One of the drinks was named "Real Falsa". A sample of this drink was sent to the Public Analyst who reported that the sample contained certain amount of Prohibited colour. Before the charge was framed the accused tendered the sample which was with him and asked for the same being sent to the Central Food Laboratory at Calcutta which was accordingly done. The report of the Director of that Laboratory shows that the sample which that Laboratory analysed contained saccharin beyond the prescribed limit. The

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