(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Addl. Sessions Judge, Fast Track Court, Surendranagar (for short, 'the lower appellate Court'), Dated : 23.01.2004, rendered in Criminal Appeal No. 3 of 2002, whereby, the lower appellate Court acquitted the original accused Respondent, herein, of the charge under Sections 2(ix), 7(ii), 7(v) read with Section 16 of the Prevention of Food Adulteration Act ('the Act', for short).
(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that on 06.03.1998, the predecessor of the original complainant, who was discharging duties as Food Inspector, visited the business premises of the accused -Respondent, who was dealing in tea with the brand name "Swagat Tea" and purchased a sample for analysis. The sample was sent to Public Analyst, Rajkot, and as per the opinion of Public Analyst the sample was misbranded. Hence, a complaint came to be lodged against the accused being Criminal Case No.700 of 1998 and the case was committed for trial before 2nd Jt. Civil Judge, S.D. -cum -JMFC, Surendranagar. At the time of trial, since, the accused did not plead guilty, the trial was conducted.
(3.) BEFORE the trial Court, the prosecution, in support of its case, examined three witnesses.