JUDGMENT :

RAJENDRA M. SAREEN, J.

1. This Appeal is filed by the appellant-State of Gujarat under Section 378(1)(3) of the Criminal Procedure Code, 1973 against the judgment and order dated 18.12.2008 passed by the learned 2nd Additional Civil Judge and Judicial Magistrate, First Class, Nadiad in Food Case No. 8 of 2003 acquitting the respondent-original accused from the offence punishable under section 2(1-a), (a), and (j)(m), of the Prevention of Food Adulteration Act, 1954 and there by for breach of offences under section 7(1), 7(5) read with Rule 5, punishable under section 16(1a)(1) of the Prevention of Food Adulteration Act, 1954.

2. The case of the prosecution is that the present respondent accused was selling chilli powder, turmeric powder and others and on 04/04/2003 the complainant-Food Inspector alongwith helper in the presence of the Panch Witness visited the shop of the accused and upon making inquiry, the respondent was the owner and chili powder duly grind was lying there in a bag. The complainant orally informed the accused that he wanted to analyze this before the Public Analyst and therefore to purchase the same and issue Notice in the prescribed Form No. 6 as per Ru