JUDGMENT :

1. Heard learned advocate Ms. Jirga Jhaveri for the appellant and learned Additional Public Prosecutor Ms. C.M. Shah for the respondent-State at length. Though served, none is appeared on behalf of the respondent No.1.

2. The appellant – Ahmedabad Municipal Corporation has filed this acquittal appeal challenging the judgment and order dated 03.02.2012 passed by the learned Metropolitan Magistrate, Court No.8, Ahmedabad in Criminal Case No. 88 of 2004 for the offences punishable under Sections 7(I) read with Section 16(1)(A)(I) of the Prevention of Food Adulteration Act, 1954.

3. The brief facts of the case are that on 03.03.2004 at 2:30 pm. complainant and his peon Mavjibhai M. Miyatra visited the shop No. 118 Trirupati Complex Kalupur Chokha Bazar, Ahmedabad. At that time, accused was present and he was doing his business. Therefore, complainant called Shri Guralmal Budhrmal Kaghani as an independent panch witness and complainant introduced himself as a Food Inspector. At the time of inspection, complainant found food item and therefore, complainant inquired about food product which was lying in plastic bag and about its quality and price to the accused it was informed