(1.) HEARD Shri Patel, learned Addl. P. P. for the appellant State of Gujarat.
(2.) THIS Leave to Appeal and Appeal under Section 378 of the Code of criminal Procedure, 1973 (herein after referred to as 'the Code' for short)challenging the order of acquittal dated 28th March, 2005 passed by the learned J. M. F. C. Vankaner in Criminal Case No. 147 of 2003 acquitting the present respondents original accused of the charges of commission of offence under Section 2 (ix) (k), Rule 32 (F) (C)and Section 7 (2) (5) and section 16 of the Prevention of Food Adulteration Act, 1954 (herein after referred to as 'the Act' for short ).
(3.) AS it appears from the judgment impugned that there were several infirmities in the case of the prosecution, this Court in order to verify the same, called for the Records and Proceedings from the trial Court vide its order dated 10. 11. 2006. The Records and Proceedings have been received by the Court and the same is placed for perusal of this Court.