1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Criminal Application No.585 of 2008 IN Criminal Appeal No. of 2008 Shri Hari Sinh Govind Sinh Chauhan Food Inspector, Dadra and Nagar Haveli. ..Applicant/ Appellant/ (Orig.Complainant) v/s. Kisan Jivaji Chaudhari & anr. ..Respondents (Res.No.1-orig.accused) Mr.D.A. Nalavade for Applicant. Mr.Jagdish Choudhari for Res.No.1. Mrs.A.A. Mane, APP for State. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 9th November 2009 P.C. : 1.The State has applied for leave to appeal against the acquittal in a case under the Prevention of Food Adulteration Act and the Dadra & Nagar Haveli Prevention of Food Adulteration Rules (the Act and Rules). The offences under Sections 2 and 7 of the Act read with Rules 30 and 50 of the Rules are not made out. The judgment shows that the strict compliance in the procedure required under the Act and the Rules is not followed. The bottle in which the sample was collected was cleaned by the peon of the complainant. The peon was not examined. This cleaning took place 2 several days before the actual purchase of the item of foods for human consumption under which the conviction came to be made. The learned Judge has observed that the sample only contained an excess permitted synthetic colour but was not unfit for human consumption and was not injurious to health. 2.Though the sample could be taken to be adulterated as containing more than the maximum prescribed permitted synthetic colour, that aspect could not be proved since the prescribed procedure was not followed. No case for grant of leave to appeal is made out. Leave to appeal refused. 3.Criminal Application disposed of accordingly. (SMT.ROSHAN DALVI, J.)