JUDGMENT :

1. Present acquittal appeal has been filed by the appellant – Food Inspector – Ahmedabad Municipal Corporation, under Section 378 of the Cr. P.C., against the Judgment and order dated 30th January, 2012, rendered in Criminal Case No.46 of 2002 by the learned Metropolitan Magistrate, Court No.8, Ahmedabad. The said case was registered against the present respondent No.1 – original accused for the offence punishable under Section 7(1) and Section 16(1)(a)(i) of the Prevention of Food Adulteration Act (for short “PFA Act”) in the Court of learned Metropolitan Magistrate, Ahmedabad, wherein the learned Magistrate was pleased to acquit the respondent – accused of the charges levelled against the respondent no.1 - accused.

2. As per the case of the prosecution on 4th May, 2022 at about 1:00 p.m. the appellant (complainant Food Inspector), with his peon Haribhai C. Parmar visited the shop of accused – respondent no.1, Pawan Parlour, 9, Arjun Complex, Naroda, Ahmedabad. At that point of time, the accused was present at the place and was doing the business of selling milkshake. The appellant called one Shri Vipulbhai N. Parikh, who was passing from there and gave his introduction t