JUDGMENT

B.N. Dash, J. - The revision is directed against the decision of the learned Sessions Judge, Bolangir upholding the conviction of the petitioner under Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954 (hereinafter to be referred to as "the Act") and sentence six months rigorous imprisonment and a fine of Rs. 1000/-, in default, to rigorous imprisonment for a further period of two months.

2. The prosecution case, shortly stated is that on 10.3.1980'at about 11 a.m. the Food Inspector, Bolangir, Chittaranjan Das (P.W. 2) Inspected M/s. Bansal Store at Patnagarh, a grocery shop of which the petitioner and his father Sheonandrai Agrawala were the partners and suspecting the stock of Suji exposed for sale to be adulterated collected sample thereof in accordance with the provisions of the rules framed under the Act The sample so taken was equally divided into three parts and each part was kept in dry clean bottle and thereafter each bottle was duly sealed and labelled. On examination of one part of the sample, the Public analyst, Orissa opined the same to be adulterated. Thereafter, prosecution report was filed not only against the petitioner and his father-pa