JUDGMENT :

M.K. Shah, J.

These ten appeals are preferred by the State and the original complainant-Food Inspector, against the orders of acquittal passed in five cases which were instituted against the respondents original accused for the offence under section 16(1) (a) (i) read with section 7(i) of the Prevention of Food Adulteration Act, 1954, (the Act.)

2. Mr. M.B. Shah, the learned Public Prosecutor for the State and Mr. J.M. Panchal for Mr. N.R. Oza, learned Advocate appearing for the original complainant have raised several contentions in these appeals, but the main contention is as follows : -

The learned Magistrate erred in holding that because the Chrnbu lying in the godown was used for the purpose of taking out groundnut oil from the tin and then pouring the same into bottles by dividing into three parts, there was defect fatal to the prosecution in taking the samples.

3. As against this, Mr. D.K. Shah, the learned Advocate appearing for the accused contends that apart from the main ground on which the learned Magistrate has acquitted the accused, he is in a position to support the acquittal on two more grounds viz. (1) there has been violation of the mandatory provisions con