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 APPLICATION NO. 6456 OF 2005. APPLICATION NO. 6456 OF 2005. APPLICATION NO. 6456 OF 2005. The State of Maharashtra. ... Applicant. Versus. Khetaram Guneshji Mali and another. ... Respondents. Shri A.S.Shitole, A.P.P. for the Applicant. None for the Respondents. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 10th November, 2006. : 10th November, 2006. : 10th November, 2006. P.C.: P.C.: P.C.: 1. Heard the learned A.P.P. for the Applicant. The Respondents have been acquitted of the offence under sections 7(i) read with section 2(ia)(a), 2(ia)(m) punishable under section 16 of the Prevention of Food Adulteration Act. 2. The allegation against the Respondents is that the stock of milk maintained by the Respondents in their shop did not conform to the standard of homogenised pasteurising cow milk as per the value. 3. The learned trial Judge found that the prosecution failed to examine the panch witnesses who were allegedly present when the Food Inspector collected the samples of the milk. The learned trial Judge, in my view, rightly held that the testimony of the Food Inspector regarding collection of samples becomes doubtful in view of the failure to examine the panch witnesses. : 2 : 2 : 2 : 4. The learned trial Judge came to the conclusion that the order of conviction cannot be passed on the basis of the sole testimony of the Food Inspector. The learned trial Judge placed reliance on a decision of this Court in the case of Suryakant Sangle v/s. Karbhari Anna Satpute and another. 5. No case is made out for grant of leave. Application is rejected. Judge. Judge. Judge.