G.N.Prasad, J.

1. This appeal has been preferred by the District Board of Patna with special leave under Sub-section (3) of Sec. 417 of the Code of Criminal Procedure against an order of acquittal recorded in favour of the respondent by a first class Magistrate of Dina-pore.

2. The prosecution case is that on the 20th November, 1965, Dr. Mohammad Illiyas (P.W. 2), an Assistant Health Offi- cer of the District Board and invested with the powers of a Food Inspector, visited the shop of the respondent in village Arap along with two peons--Rajrup Singh (P.W. 1) and Nanda Singh (P.W. 3) --and found him selling mustard oil. Upon his inquiry, the respondent gave out the sale rate of mustard oil as Rs. 4-00 per seer. Thereupon Dr. Illiyas (P.W. 2) demanded from him six chhataks of the oil by way of sample for the purpose of sending it for examination by the Public Analyst and offered to him Rs. 1-50 as the price, but the respondent refused to give the sample to the Food Inspector, who was thus prevented from taking the sample. Subsequently, the Food Inspector (P.W. 2) forwarded a complaint to the District Medical Officer of Health who sanctioned the prosecution of the respondent. A