IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL APPEAL NO. 332 OF 2004. APPEAL NO. 332 OF 2004. APPEAL NO. 332 OF 2004. The State of Maharashtra. ... Appellant. Versus. Shri Ashfaq Ahamad Hasam-Momin and others. ... Respondents. Ms.S.V.Gajare, A.P.P. for the Appellant. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 7th November, 2006. : 7th November, 2006. : 7th November, 2006. P.C.: P.C.: P.C.: 1. Heard the learned A.P.P. for the Appellant. The Respondents have been acquitted of the offence punishable under sections 7(i) read with section 2(ia)(a) and section 2(ix)(d) read with section 7(ii) and rule 23 read with section 7(v) of the Prevention of Food Adulteration Act, 1954. The allegation against the Respondents is that they sold adulterated and misbranded mirchi powder and thereby committed offence. 2. After having heard the learned A.P.P. for the Applicant and after perusing the judgment, I find that no case is made out for grant of leave. There is a finding recorded that the packets of chilly powder were not kept in a sealed container. The learned Magistrate, therefore, came to the conclusion that the Food Inspector could not have legitimately taken sample as required by Rule 22-A. Apart from this fact, the learned Magistrate has considered the report of the Public Analyst. He has observed that the report is : 2 : 2 : 2 : silent as to the nature of the test carried out for ascertaining whether there was synthetic colour used in the chilly powder. The learned Magistrate observed that there is no data and material placed on record. 3. In view of the aforesaid infirmities, the learned Magistrate came to the conclusion that the prosecution has failed to establish the guilt of the Respondents. The view taken by the learned Magistrate appears to be a possible view. No case is made out for grant of leave. The Appeal is rejected. Judge. Judge. Judge.