JUDGMENT :

Z.K. Saiyed, J.

The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against judgment and order of acquittal dated 20.4.2009 passed by the learned Judicial Magistrate, First Class (Municipal) Rajkot in Food Criminal Case No.199 of 1998 whereby the accused has been acquitted of the charges under Section 11, 2(9)(k) read with Section 16(1-A)(i) of the Prevention of Food Adulteration Act read with Rule 32 (e) and 33 of the PFA Rules leveled against him.

2. The brief facts of the prosecution case are as under:

2.1 It is the case of the prosecution that on 31/05/2003 the Food Inspector has visited the premises of respondents-accused, and has taken the sample of rice-ball (mamra). Thereafter, he purchased the same and paid the price, cash memo was taken and after following the necessary procedure, the sample was sent to the Public Analyst, Vadodara for analysis and as per the report of the Public Analyst, Vadodara the sample was found to be adulterated. On these facts, the complaint was filed before the Court, which was numbered as Criminal Case No.199 of 1998 against the respondent. At the time of trial, evidence was led before the trial Cour