APEAL.523-01 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 523 OF 2001 The State of Maharashtra ...Appellant Vs. Arunkumar H. Shah & Anr. ...Respondents *** Mrs. M. R. Tidake, for the Appellant. None for the Respondents. *** CORAM: V. M. KANADE J. DATE : SEPTEMBER 8, 2010 P.C. 1. Heard the learned APP for the State. The State has filed this appeal against the judgment and order of acquittal, dated 7th December, 2000 passed by the Additional Chief Metropolitan Magistrate, 46th Court, Mazgaon, Mumbai, whereby the accused/respondent Nos. 1 and 2 herein were acquitted of the offences punishable under S. 7(i) read with S. 2(ia) (m) punishable under S. 16 of the Prevention of the Food Adulteration Act. APEAL.523-01 - 2 - 2. With the assistance of the learned APP, I have perused the judgment and order of the trial Court and also the evidence which was brought on record. The trial Court has also observed that there is complete non application of mind on the part of sanctioning authority and therefore, relying on the judgment of this Court reported in 1990(2) P.F.A.C., 257, the accused were acquitted. It is also observed by the trial Court that there is breach of mandatory provisions of Rule 14. 3. I have perused the sanction order. In my view, there is non- application of mind by the sanctioning authority while according the sanction. The said order of sanction is very vague and it does not indicate under which clause, the alleged adulteration falls. The trial Court, therefore, in my view was justified in coming to the conclusion that that there was total non-application of mind on the part of the sanctioning authority. The trial Court has given cogent reasonings for dismissing the complaint and as such, no case is made out for interference in the impugned judgment and order. The criminal appeal is therefore, dismissed. [ V. M. KANADE J.]