( 1 ) THE prosecution case is that on 15th February 1971 at the restaurant of the accused which is known as Agrawal Restaurant food inspector Manubhai A. Pandya purchased Jalebi prepared in oil. It is the prosecution case that the oil used in Jabeli was not according to the prescribed standard and therefore the accused was prosecuted.

( 2 ) THE learned Magistrate acquitted the accused on two counts. One count was that the prosecution failed to prove that the public analyst was sent sufficient quantity of Jalebi to extract sufficient quantity of oil as per Rule 22 which says that 125 Gms. of edible oil shall be sent to the public analyst. This the learned Magistrate held on the strength of the judgment of the Supreme Court in Rajal Das Pamanani v. State of Maharashtra A. I. R. 1975 S C. 189 wherein it was held that the accused cannot be convicted unless sufficient quantity for analysis as laid down under Rule 72 is analysed. The second count was that there was no sufficient evidence to come to the conclusion that the jar or bottle in which the muddamal Jalebi was placed were cleaned and dried.

( 3 ) SO far as the first count of acquittal is concerned it is submitte