Rajesh H. Shukla, J.

1. Present appeal is filed by the appellant-original complainant challenging the impugned judgment and order rendered in Criminal Case No. 56 of 2003 by the Metropolitan Magistrate, Court No. 6, Ahmedabad dated 13.04.2006 recording acquittal of the respondent accused for the offence under Section 16(1)(9)(I) read with Section 7(i) of the Prevention of Food Adulteration Act, on the grounds stated in the memo of appeal.

2. Heard learned Advocate Ms. Dilbar Contractor for Mrs. Kalpana K. Raval for the appellant-original complainant, learned Advocate Shri D.K. Modi for the Respondent-No. 1 and learned APP Shri H.L. Jani for the Respondent No. 2-State.

3. Learned Advocate Ms. Dilbar Contractor for Mrs. Kalpana K. Raval for the appellant-original complainant referred to the papers and submitted that whether the acquittal could have been recorded for the reasons or the grounds mentioned, is required to be considered. She emphasized that the observations have been made that the panch-witnesses have not supported the case of the prosecution on the extent of variety of ice-cream samples. She submitted that the approach cannot be so casual. Learned Advocate Ms. Con