( 1 ) THIS appeal filed through the instrumentality of the State of gujarat by the Food Inspector, Ahmedabad, is directed against the impugned judgment and order of acquittal dated 15-9-1992 passed by the learned Metropolitan magistrate, Court No. 8, Ahmedabad rendered in Criminal Case No. 1 of 1987 wherein the respondent Shambhubhai Jivrambhai Patel, who came to be tried for the alleged offence punishable under Sec. 7 read with Sec. 16 (a) of the Prevention of Food Adulteration Act, 1955 was ordered to be acquitted on the short ground, viz. , that when the case was called out, the complainant was absent.

( 2 ) ON going through the impugned judgment, prima facie two remissness, firstly on the part of the learned Magistrate and thereafter on the part of Complainant- food Inspector surfaces. They are; the learned Magistrate has committed a patent and obvious error in throwing away the case merely on the ground that Complainant- food Inspector was absent when the matter was called out. In fact, this was hardly a ground for the learned Magistrate to dismiss the complaint more so when the complaint was lodged under the provisions of the Prevention of Food Adulteration ac