C. K. BUCH, J. ( 1 ) HEARD. Mr. A. Y. Kogje, learned a P P appearing for the applicant and Mr. Satish R. Patel, learned counsel appearing lor the respondent. (Original accused ). ( 2 ) THE present appeal is against the order of acquittal passed by the learned chief Judicial Magistrate, Nadiad in criminal Case No. 1 of 1988 dated 24. 07. 1996, whereby the. learned Judge has acquitted the accused from the charge of the offence punishable under Section 2 (1a) (A) (B) (C) (M) 7 (1) (5) read with Section 16 (1) (A) (1) of the Prevention of Food adulteration Act (hereinafter referred to as the P. F. A. Act ). ( 3 ) (I) The case placed by prosecution against, the respondent.-accused is that a sample of Black Pepper was drawn by the complainant- Shri Hiralal Beehardas panchal, Food Inspector, Nadiad municipality from the shop of the accused. As per the case of the prosecution the sample was drawn and collected in accordance with the relevant statutory provision and. the same was sent, for analysis to the laboratory to the Public analyst by Public Health Authority and. it was found adulterated within the meaning of Section 2 (ia) (m) of the P. F. A. Act. (ii) Mr. Kogje has drawn the attention of the Court to the standard prescribed for Black Pepper and the result, of analysis considered by the Court. The report of the public analyst Ex. 23 is at. page 64 of the paper book and I have considered the. same. The relevant contents of the report of analysis are shown as under : details of the Sample is attached. 3/nd/hp/2 Sr. No. 54/87 bearing code number and Serial number of Local (Health) Authority. (Relevant for the purpose of the present, order.) and am of the opinion that the sample of Black Pepper does not conform to the standards and provisions laid down under Prevention of Food Adulteration rules, 1955. ( 4 ) ACCORDING to Mr. Kogje, during the test which was carried out. and it was found that it. does not match with the standard prescribed qua the proportion of light berries percentage (by weight. ). it is submitted that, the learned Lower Court,