JUDGEMENT :- This is an application in revision from the Judgement of the Additional Sessions Judge, Dhulia, confirming the order of conviction of the petitioner passed by the Judicial Magistrate, First Class, Dhulia, under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954.

2. The material facts are as follows :-

The petitioner (who would hereafter be referred to as the accused) is a dealer in food grains. On 29th March 1965, Koranne, the Food Inspector, on information that the accused was dealing in adulterated food grains, went to the shop of the accused and purchased Bajari weighing one Kilogram. He divided the sample purchased by him in three parts, and sent one packet to the Public Analyst for analysis. The report of the Analyst was received in due course. It stated that ergot was found on chemical test. It further stated that the test for acidity (soreness) was negative. The report was written on Form-III, rule 7(3). In the certificate with which the report begins, the Analyst stated that sample of Bajari sent for analysis was properly sealed and fastened and that he found the seal intact and unbroken. In due course, the accused was prosecuted under Sec. 16(

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