(1.) In this appeal, the judgement and order dated 30.01.2006 passed by the Metropolitan Magistrate Court No.8, Ahmedabad recording the acquittal for the respondent in Criminal Case No. 50 of 1999 registered against him under the provisions of Prevention of Food Adulteration Act ( for short ' the PFA Act) has been questioned.
(2.) The court below has recorded the acquittal on two counts being; (1) breach of Rule 18 of the Prevention of Food Adulteration Rules ( for short "the Rules") and (2) the lack of material particulars in support of the incriminating conclusion reached by the public analyst, in absence of the examination of the public analyst.
(3.) Without expressing any opinion on point no.1, this appeal can be disposed of in the light of the settled legal position qua point no.2.