JUDGMENT

Arijit Pasayat, J.-Appellant faced trial for alleged commission of offence punishable under Section 7(1) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (in short the Act ). While the trial Court acquitted him, Madhya Pradesh High Court by the impugned judgment upset it.

2. Factual position as projected by prosecution in nutshell is as follows:

S.B. Dubey (PW-1) was appointed by the Government as Food Inspector. The accused Dinesh Kumar was having a kirana shop at Itava Road, Bhind. He used to sell Besan. On 29.3.1988 at about 3.00 p.m. the said Food Inspector went to his shop and inspected the articles and suspecting adulteration took a sample of Besan. He prepared Form No. 6 and thereafter 750 gms. of Besan was taken before the witnesses and Rs. 4.50/- being the price was given to the accused and receipt was obtained. The sample was divided into three equal parts and he sealed it in separate containers. Panchnama (Ex. P-4) was prepared on the spot. One sample was sent to Public Analyst, Bhopal and remaining two were deposited in the office of Local Health Officer. A report (Ex. P-8) was received and it was found that Besan was adulterated, on