JUDGMENT :

1. Present acquittal appeal has been filed by the appellant – Senior Food Inspector, Office of Assistant Commissioner, Food and Drugs Control Admn., Rajpipla – under Section 378(4) of the Cr.P.C., against the Judgment and order dated 23rd August, 2011, rendered in Criminal Case No.763 of 2012 by the learned Chief Judicial Magistrate, Rajpipla. The said case was registered against the present respondents - original accused for the offences in contravention to Section 2(ia)(a) (b), 2(ix)(j)(k) and Section 7(1)(2)(v) and Section 16 of the Prevention of Food Adulteration Act (for short “PFA Act”) in the Court of learned Chief Judicial Magistrate, Rajpipla, wherein the learned Magistrate was pleased to acquit the respondents – accused of the charges levelled against the respondents - accused.

2. As per the case of the prosecution on 5th December, 2003, the complainant Food Inspector Shri A.M. Shah has given complaint against the accused wherein it is inter alia alleged that he is nominated Food Inspector of State of Gujarat and when he was serving as Food Inspector at Food and Drugs Control Administration, on 5th December, 2003, at about 16:00 hrs. he along with Panch Shri Bhup