1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Criminal Application (APPA) No.603/2010 in Criminal Appeal No.481/2010 ( The State of Maharashtra, at the instance of Shri P.P. Kharasne, Food Inspector, Food & Drugs (Administration (M.S.), Wardha ..Vs.. Shri Dinesh Ramkisan Satija & another ) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. V.P. Thakre, A.P.P. for applicant. Mr. J.J. Agrawal, Adv. for respondents. CORAM : M.N. GILANI, J. DATED : 22.6.2011. Heard learned A.P.P. for the applicant/State. The judgment impugned is perused. With the assistance of learned counsel for the respondents deposition of the complainant i.e. Food Inspector has also been gone through. The mandatory provisions while taking the samples are followed or not is the issue involved in this appeal. After going through the judgment and deposition of the Food Inspector it appear that it is a matter of appreciation of evidence brought on record. Thus the arguable points are involved. Leave, as prayed for, is granted. Mr. J.J. Agrawal, waives notice for respondents. Hence action under section 390 of the Criminal Procedure Code is dispensed with. JUDGE Tambaskar.