JUDGMENT

Arijit Pasayat, J.-The State of Himachal Pradesh calls in question legality of judgment rendered by learned Single Judge of the Himachal Pradesh High Court affirming judgment of the trial court holding that respondent No. 1 (hereinafter referred to as the accused No. 1) was not guilty of the accusations under Sections 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (in short the Act ).

2. The prosecution version which led to trial of the accused is essentially as follows :

On 11.4.1985, the Food Inspector took sample of "Shakkar" from the shop of the accused No. 1. He purchased 600 gms. of "Shakkar" for analysis after serving the requisite notice. Thereafter sample articles were sealed and one such sample was sent to the Public Analyst for analysis. On analysis the sample was found to be containing unpermitted acid coal tar of orange shade. Prosecution was launched after service of notice in terms of Section 13(2) of the Act. During trial, the accused No. 1 applied under Section 19(2) seeking to implead Jain Trading Company represented through its manager - respondent No. 2 (hereinafter referred to as `the Vendor ). The vendor was impleaded as accused No. 2. In