1 crap4752.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4752 OF 2010 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _________________________________________________________________________________ Smt. Y.M.Kshirsagar, A.P.P. for the applicant/State Shri K.U.Nikam, advocate for respondent sole ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 21 st June, 2011. PER COURT :- 1 Heard learned 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 13.4.2010, rendered by the learned Judicial Magistrate, First Class, Vaijapur, in R.C.C. No. 188 of 2002, thereby acquitting the respondent (original accused) for the offence punishable under Sections 7(i) r/w Section 2(ia)(a), Section 2(ia)(c) punishable under Section 16 of the Prevention of Food Adulteration Act. 2 crap4752.10 3 I have perused the impugned judgment and order, dated 13.4.2010 and the R. and P. with the assistance of the learned counsel for the parties. 4 After perusal of the impugned judgment, it appears that there are no specific observations and findings in respect of non-compliance of relevant Sections and the Rules under the Food Adulteration Act, which consequently, led to acquittal of the accused. Hence, the matter requires consideration, and therefore, present application, seeking leave to file appeal, is allowed and said application be treated as appeal. 5 Admit. Shri K.U.Nikam, learned counsel waives service of notice for the respondent after admission. 6 R. and P. be sent back to the concerned court. 7 Accused to furnish same bail but fresh bond within four weeks before Trial Court. (SHRIHARI P. DAVARE, J.) dbm/crap4752.10