JUDGEMENT

1.This appeal arises out of the judgment and order of the learned Metropolitan Magistrate, Court No.8, Ahmedabad, passed on 17th February, 1990, in Summary Case No.1304 of 1986, acquitting respondent No.1 of the charges under Section 16 (1)(a)(i) of the Prevention of Food Adulteration Act . The Food Inspector, Ahmedahad has, therefore, challenged the said judgment and order in this appeal.

2.The facts of the case, in narrow compass, are are that the appellant-original complainant collected the sample of asafoetida (Hing) at about 10 o' clock in the morning of 1st April, 1986 and after following the due procedure, sent the same for analysis to the Public Analyst. The Public Analyst after getting the sample analysed, sent his report dated 3rd May, 1986 to the effect that the sample did not conform to the standards of provisions laid down under the Prevention of Food Adulteration Act . On that basis, a draft