The present appeal is directed against the judgment dated 1.5.2014, passed by learned Additional Sessions Judge-II, Shimla, H.P. (learned Appellate Court) vide which the judgment of conviction dated 22.6.2012 and order of sentence dated 23.6.2012, passed by learned Chief Judicial Magistrate, Shimla, H.P. (learned Trial Court) were set aside. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned trial Court for convenience.

Briefly stated, the facts giving rise to the present appeal are that the complainant, Food Inspector, MC Shimla, filed a complaint before the learned Trial Court against the accused for the commission of an offence punishable under Section 16(1A) read with Section 7 of the Prevention of Food Adulteration Act (PFA Act). It was asserted that Virendra Chauhan (CW5) was appointed as a Food Inspector for the local areas of MC Shimla. She inspected the premises known as M/s Lovely Sweet Shop, Rivoli Road, Lakkar Bazar, Shimla on 7.11.2007, at about 3.00 PM. Respondent/accused Madhu Kapoor was conducting the business of the shop as its proprietor. She had kept about 40 kilograms of laddu sweet in her shop for sale