B.G. Deo, J. - (1.) This is an appeal by the State. The respondent/accused has been acquitted of the offence u/s. 16 of Prevention of Food Adulteration Act, 1954 by the Judicial Magistrate First Class, Sakoli by judgment dated 20-4-84.
(2.) The charge against the respondent was under Section 7 (i) read with Section 2 (ia), (j) and Section 7 (v) read with Rule 28 of the Prevention of Food Adulteration Act, 1954 for selling Jilebi weighing 500 gms., a cooked food article on 22-7-80 to the Food Inspector, P.W. 1 Tayade, which ultimately was found containing non-permitted Coal Tar Dye Matanil Yellow by the Analyst by his report Ex. 31, making the said food article an adulterated one.
(3.) The learned Magistrate having held the trial came to conclusion that the complainant did not prove that the respondent stored and sold adulterated food article Jilebi as alleged. It is against this acquittal that the present appeal has been directed by the State.;