( 1 ) STATE being aggrieved by an order of acquittal recorded by judicial Magistrate, First Class, Dahod on 12-11-1990 in Criminal Case No. 3153 of 1986 wherein the accused were tried for an offence under Sec. 7 of the Prevention of Food Adulteration Act punishable under Sec. 16 (1 ) (a) (i) of the Act. has preferred this appeal.

( 2 ) ). Pacts leading to the present prosecution as it emerges from the record are as under :2. 1 Pravinchandra Manilal, PW 1 serving as a Food Inspector visited the shop of respondent No. 1 (hereinafter referred to as original accused No. 1) on 26-5-1986 at about 4-45 p. m. , and in the presence of panchas collected samples of peppermint having brand name "super China Goli". After dividing the sample into three equal parts forwarded the samples in accordance with the provisions contained in the Prevention of Food Adulteration Act (hereinafter referred to as "the Act") and Prevention of Food Adulteration Rules (hereinafter referred to as "the Rules" ). One sample was forwarded to the Public Analyst for analysis, who. on analysis found that the sample of food article was adulterated. From the analysis report forwarded by the Public Analyst,