( 1 ) THIS appeal is against the acquittal of the respondent by the learned Sessions Judge of Guntur of an offence under the Prevention of Food Adulteration Act (XXXVII of 1954 ). Against the respondent who is a owner of retail shop, it is alleged that he had in his possession red-gram dhall for sale and that it was misbranded. At about. 10-00 A. M. on 23-10-1959, the Food Inspector (P. W. 1) went to the shop of the respondent at Ongole and having, purchased three giddas of this commodity and paid therefor and obtained the receipt (Exhibit P-2), he sampled the same and sent one of the samples to the Public Analyst. After the receipt of the report of the Analyst (Exhibit P. 3), the Food Inspector caused the respondent to be prosecuted for an offence under Section 16 (1) (ii) read with Section 7 of Act XXXVII of 1954. The accused raised several defences. He stated that his son-in-law was looking after the shop and he could not, therefore, be made liable. He put up the case that the dhall so seized belonged to D. W. 1 who merely left it in his shop and therefore the same did not belong to him; nor did he intend that dhall to be sold. He raised the plea that no mediator