( 1 ) THIS Appeal is by the State against the acquittal of the accused of the charge under Sec. 16 (1) (b) of the Prevention of Foods Adulteration act, hereinafter referred to as the act . A-1 and A-2 are partners in a business dealing in foodgrains like turmeric, jaggery, palsesy flours and oils at door No. 10-1-172 on vinukonda road in Narasaraopet, The case for the proseution is that on 16-5-67 at about 9-00 A. M. P. W. 1, the Food Inspector narasaraopet Municipality along with his Maistry, P. W. 2 went to the shop of the accused and found two bags of turmeric powder kept in the shop for purposes of sale. P. W. 1 demanded A-l to give sample of turmeric in one of the bags for purposes of analysis but A-l refused and when A-2 was asked he also refused. Then P. W. I told them that such refusal is wrongful under the provisions of the Act. A-1 asked A-2 to lock the shop and after A-2 had done so of both them went away, P. Ws. 1 and 2 waited there for some time and when the accused did not torn, in the presence of P. W. 2 one Khaderveli, he drafted a panchanama and then filed the charge sheet under see. 16 (l) (b) of the Act for preventing the Food Inspector from