ORDER

The respondent was tried for the commission of offence punishable under section 16(1) of the Prevention of Food Adulteration Act, herein-after referred to as "the Act", for selling adulterated bason and mustard oil . Upon trial, he was convicted for the said offence and sentenced to undergo rigorous imprisonment for a period of six months and also to pay the fine imposed. Against his conviction and sentence, appeal preferred by the accused was dismissed, which necessitated the filing of a revision petition by him. The High Court, vide the judgment impugned in this appeal allowed the revision petition by setting aside the judgment of the trial court as well as the appellate court. The accused was held not guilty of the offence with which he was charged, and acquitted.

2. Not satisfied with the judgment of the High Court, the state has filed this appeal, mainly on the ground that in exercise of its revisional jurisdiction the High Court could not have disturbed the concurrent findings of fact arrived at by the trial as well as the appellate courts.

3. Finding that the mandate of sub-section (2) of section 13 of the Act had not been complied with, the High Court acquitted the re