STATE OF MAHARASHTRA, THROUGH JAGDISH KHUSHAL KAMBLE, FOOD INSPECTOR, FOOD AND DRUG ADMINISTRATION, M S CHANDRAPUR, TAHSIL AND DISTRICT CHANDRAPUR Vs. MANGALA W/O HARISHCHANDRA BADKHAL

JUDGEMENT

(1.) The State is in appeal challenging the judgment and order dated 24-6-2002 rendered by the learned Chief Judicial Magistrate, Chandrapur in Regular Criminal Case 251/1998, by and under which the respondentaccused is acquitted of offence under Section 7(i) read with Section 2(ia)(a) punishable under Section 16(1)(a)(ii), 7(v) read with Rule 44AAA punishable under Section 16(1)(a)(ii) of the Prevention of Food Adulteration Act, 1954 ("Act" for short).

(2.) The prosecution case is thus :

(3.) Smt. Mayuri Deshmukh, learned Additional Public Prosecutor submits that the reason recorded by the learned Chief Judicial Magistrate is contrary to the statutory scheme. The submission is well merited. Rule 44AAA of the Rules reads thus :