SURESH KAIT, J. (Oral)

1. Vide the instant petition, the petitioner/State has assailed the impugned judgment dated 30.07.2011, whereby ld. Special Judge, NDPS has set aside the judgment dated 21.12.2010 and order on sentence dated 24.12.2010 passed by ld. ACMM-II, New Delhi District and respondent has been acquitted from all the charges.

2. Mr. Navin Sharma, learned counsel for the petitioner has stated that ld. Special Judge has got swayed away by the fact that according to the report of public analyst that the fat content was found to be 43.69% and according to CFL Report the same was found to be 45.26% and such minor variation ought not to have been fatal to the prosecution.

3. It is further submitted by the ld. APP that non-joining of the independent witnesses is not fatal to the case of prosecution and minor contradictions in the testimony of the Food Inspector and the SDM do not disprove the prosecution case. Minor contradictions had to be ignored.

4. It is further submitted that ld. ASJ has completely ignored the report of CFL dated 12.08.2005 as well as the public analyst and has reached on a conclusion on the basis of conjectures and surmises.

5. The case of the p