(1.) State, being aggrieved by an order of acquittal recorded by Judicial Magistrate, First Class, Idar on 15-12-1990 in Summary Case No. 88 of 1988 wherein the accused was tried for an offence under Sec. 7 of the Prevention of Food Adulteration Act (hereinafter referred to as "the Act"), which is punishable under Sec. 16 (1)(a)(i) of the Act, has preferred this appeal.
(2.) Brief facts as it emerges from the record are as under :
(3.) Mr. Mankad, learned Additional Public Prosecutor appearing for the State pointed out from the evidence of the Food Inspector that by following the procedure, sample was collected and in the cross-examination, there is nothing to show that breach of any of the rules is committed while collecting the same. Mr. Japee, learned Advocate appearing for the respondent was not in a position to point out from the evidence on record that any breach is committed. Thus, it is clear that the sample has been collected in accordance with Rules.