Respondent No. 1 - Haji Abdul A. Habib Gigani is reported to be dead on 5/2/2009. Death Certificate is filed on record, which is marked as “X” for identification. No legal representative of the said respondent has applied for continuation of the appeal. Hence, appeal as against respondent No. 1 abates and is dismissed as such.

2. This Appeal is directed against the Judgment and Order dated 11/10/2000, passed by 6th Judicial Magistrate First Class, Akola in Criminal Case No. 1055 of 1995 whereby the learned trial Judge acquitted the respondents-accused of offenses punishable under Section 7(1) read with Section 16(ia)(i) and (ii) of the Prevention of Food Adulteration Act.

3. The facts briefly stated are: -

The complainant - Food Inspector had received charge of the case from earlier Food Inspector Shri S. M. Deshmukh, who had taken the sample of Sunflower Seed Oil on 10/1/1992, at about 14.30 hrs., from the shop of M/s Rafik Traders, Kirana Bazar, Akola. The Respondent No.1-accused was vendor while respondent-accused No. 2 is proprietor of the shop. It is prosecution case that the sample was collected as per panchanama from M/s Rafik Traders, Akola. It is case of the com