( 1 ) HOW the lack of a little extra carefulness on the part of certain official of the Court of the Judicial Magistrate (First Class) at Vyara has proved a costly lapse for and a fatal blow to the prosecution is amply and eloquently demonstrated in this case.

( 2 ) THE judgment and order of acquittal passed by the learned Additional Sessions judge of Surat on 11th July 1984 in Criminal Appeal No. 76 of 1982 is under challenge in this appeal by leave of this Court under S. 378 of the Code of criminal Procedure, 1973 (the Code for brief ). Thereby the learned Additional sessions Judge accepted the appeal of respondent No. 1 herein against his conviction by the learned Judicial Magistrate (First Class) at Vyara of the offence punishable under S. 16 (1) (i) read with S. 7 (i) of the Prevention of Food Adulteration Act, 1954 (the Act for brief) by his judgment and order passed on 16th June 1982 in criminal Case No. 1236 of 1981. Thereby respondent No. 1 herein was sentenced to simple imprisonment for one month and fine of Rs. 500. 00 in default simple imprisonment for 15 days more for the offence proved against him.

( 3 ) IT is not necessary to set out in detail the fa