ORDER

Vinod Prasad, J. — The present revision has been filed by the revisionist Shashi Kant Gupta against the impugned judgment and order dated 17.4.1985 passed by First Additional Sessions Judge, Jhansi in Shashi Kant Gupta v. State of U.P.1, under Section 7/16 Prevention of Food Adulteration Act, P.S. Garotha, district Jhansi. By the impugned judgment and order the lower Appellate Court had set aside the trial Court’s order and had remanded the case back for rehearing.

2.The factual matrix were that the sample of 450 grams of whole turmeric was taken by P.W.1, O.S. Sengar, Food Inspector from the shop of the revisionist on 29.9.1981 at 3.15 P.M. after giving notice in form-6 (Ex. Ka-1). The receipt of the purchase (Ex. Ka-2), inspection note (Ex. Ka-3) and Form No. 7 (Code slip) (Ex. Ka-4) were prepared by him and purchase receipt was got signed by the revisionist at the time of taking of sample. He sealed the sample into three philes, the code slip was pasted and one sample was dispatched for analysis to the Public Analyst. Other two samples were deposited with the local health authority/Chief Medical Officer, Jhansi. The public analysist vide its report dated 9.11.1981, Ex. Ka-