G.N.Prasad, J.

1. This is an appeal by the Municipal Corporation of Patna in a case instituted upon its complaint. It is directed against the acquittal of the respondent of an offence alleged to have been committed by him under Sec.16(1)(a) of the Prevention of Food Adulteration Act (Act No. 37 of 1954). 1954

2. The following facts which appear from the evidence adduced by the prosecution are not In dispute before me. Matiur Rah man (P W 1) was the food inspector of the Corporation On the 31st March, 1961, he visited the Kirana shop of one Ramlakhan Singh situated on the Bari Path at Patna and known as Magadh Kirana Store. He was accompanied by two jamadars of the corporation Hasan Abbas (P. W 2) and Brajendra Pd. Sharma (P W 3). At that time, the respondent was conducting the sales in the shop The food Inspector gave a written notice to the respondent of his intention to purchase a sample of turmeric (Haldi) for analysis. Thereafter he took six chhataks of turmeric from the respondent on payment to him of 0.47 nP. as its price and took receipt. Exhibit 3, from him. Thereafter he divided the article into three parts and put them in three separate phials He sealed all the th