(1.) By way of this appeal, the State has challenged the judgment and order of the learned 3rd Joint Judicial Magistrate [FC], Palanpur, dated 8th April 1994 in Criminal Case No. 4656 of 1986 whereby the learned Magistrate has acquitted the accused of the charges punishable offences under Section 7 and 16 of the Prevention of Food Adulteration Act, 1954[hereinafter referred to as Sthe Act ].
(2.) The facts of the prosecution case in brief are as under;
(3.) After considering the evidences of the witness, Jyotindrabhai Narendrabhai at Exh.20 and witness Yasinbhai Dawoodbhai at Exh.81 and considering the documents produced on record at Exhibits No. 21 to 80 and Exh.82 to 91, and considering the decision cited before it, the Trial Court has acquitted the accused of the charges levelled against him. The learned Magistrate has based his order of acquittal on the grounds that the samples were taken in a vessel lying in the shop of the accused which was absolutely on the road, and the manner and the method in which the samples were sent were not in accordance with the Rules prescribed.