( 1 ) THE judgment and order of acquittal passed by the learned chief Judicial Magistrate of Banaskantha at Himatnagar on 14th September 1992 in Criminal Case No. 685 of 1991 is under challenge in this appeal by leave of this court under Sec. 378 of the Code of Criminal Procedure, 1973 (the Code for brief ). Thereby the learned trial Magistrate acquitted the respondents herein of the offence punishable under Sec. 16 (1-A) (i) of the Prevention of Food Adulteration Act, 1954 (the Act for brief ).

( 2 ) THE facts giving rise to this appeal move in a narrow compass. Respondent no. 1 herein has his grocery shop situated at Mehtapura, Opposite Bus Stand in himatnagar. He was inter alia selling turmeric powder in sealed packets. One yogeshchandra Madhusudan Soni (the complainant for convenience) was appointed as the Food Inspector for the local limits of Himatnagar. He visited the shop of respondent No. 1 herein on 18th December 1990 at about 11-45 a. m. with his helper. He got one packet of turmeric powder contained in a plastic bag broken open and purchased from it 450 gms. thereof. The sample was divided in three equal parts. After complying with the necessary formali