(1) Cri. Application No. 2016 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Criminal Application No. 2016 of 2011 The State of Maharashtra, through K.J. Batra, Food Inspector, .. Applicant Food and Drugs Administration, (Original Raj Building, Jalna [M.S.]. complainant) versus 1. Vithal Dattarao Kharat [Vendor], M/s. Dattatray Parbat Kirana Shop, Main Road, Mantha. 2. Dattatraya Parbatrao Kharat. .. Respondents (Original accused) Both R/o. Mantha, Dist. : Jalna. ....................... Mr. S.G. Nandedkar, Additional Public Prosecutor, for the applicant. Mr. Joydeep Chatterji, Advocate, for respondent nos.1 and 2. ........................ (2) Cri. Application No. 2016 of 2011 CORAM : SHRIHARI P. DAVARE, J. DATE : 8TH DECEMBER 2011 COURT'S ORDER : 1. Heard learned respective Counsel for the parties. 2. This is an application preferred by the applicant / State seeking leave to file appeal challenging the judgment and order of acquittal dated 15-1-2011, rendered by the learned Judicial Magistrate (F.C.), Mantha, thereby acquitting the respodents herein i.e. original accused, for the offences punishable under Sections 7(i), 2(ia)(m), 7(v), 44(e), 7(iii) and 50 of the Prevention of Food Adulteration Act. 3. Parties are hereinafter referred to as per their original status i.e. complainant and accused. 4. I have perused the impugned judgment dated 15-1-2011, and record and proceedings with the assistance of learned Counsel for the parties. 5. Having comprehensive view of the matter, it appears that the matter requires re-consideration, and hence, present (3) Cri. Application No. 2016 of 2011 Criminal Application is allowed and leave to file appeal is granted, and present Criminal Application be treated as Criminal Appeal. Office to register and number it as Criminal Appeal. 6. Admit. 7. Learned Counsel, Mr. Joydeep Chatterji, waives service of notice for respondent nos.1 and 2, after admission. 8. Respondent nos.1 and 2 herein i.e. original accused to furnish P.R. Bond of Rs. 5,000/- [Rupees five thousand], each, before the trial court, within a period of four weeks from today. 9. Record and proceedings be sent back to the concerned court. ( SHRIHARI P. DAVARE ) JUDGE ......................... bgp/ka2016