JUDGMENT (ORAL)

Z.K. Saiyed, J.—The present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 31.1.2004 passed by the learned JMFC, Valbhipur, in Criminal Case No. 186/1994, whereby the accused has been acquitted of the charges under Section 2(1A)(A), 7(i) & 16(1)(A) of the Prevention of Food Adulteration Act, levelled against him.

2. The brief facts of the prosecution case are as under:

2.1. It is the case of the prosecution that Food Inspector on 4.3.1994 visited the shop of respondents-accused, and has taken the sample of Ravo (Loose) and purchased the same and paid the price, cash memo was taken and after following the procedure the sample was sent to the Public Analyst, for analysis and as per the report of the Public Analyst, the sample was found to be adulterated. On these facts, the complaint was filed before the Court, which was numbered as Criminal Case No. 186/1994 against the respondent. At the time of trial, evidence was led before the trial Court. The documents were produced and oral evidence of the witnesses were also recorded by the trial Court and after considering the oral as well as do