JUDGMENT 1. - This State appeal is directed against the judgment dated 1st October, 1981, passed by the Judicial Magistrate, First Class, Jalore, acquitting the accused respondent of the offence under Section 7/16 of the Prevention of Food Adulteration Act. 2. The brief facts of the case are that the Food Inspector inspected shop of the accused respondent on 10.10.1979 and purchased 1/2kg of `laddu', after informing him that he was purchasing it for the purpose of chemical examination. A sample was sent to the Food Laboratory and it was found adulterated. After obtaining sanction, a complaint was filed in the court of Chief Judicial Magistrate, Jalore against the accused respondent for offence under Section 7/16 of the Opium Act. 3. Learned Magistrate acquitted the accused respondent on the ground that the Ex.P./1 i.e. Form No. 6 indicate that the Food Inspector had, in fact, to purchased `Jalebi', but later on it was erased and instead the word `laddu' was written. it was contended by the learned Additional Public Prosecutor that the food inspector Sampat Lal stated in his statements that he wanted to purchase sample of `Jalebi' from shop of accused respondent but the quantity of Jalebi was less and therefore, he purchased `laddu'. This explanation has not been found to be correct by the learned trial Magistrate. 4. in my view, the discrepancy is material. If the food Inspector has in fact, purchased `Jalebir' the accused respondent cannot be convicted for adulteration of which may never had been purchased from accused respondent. 5. I do not find any infirmity in the order of acquittal which calls for interference of this Court. Consequently, the appeal, being devoid of merit, is rejected,Appeal rejected. *******