1. Is horse gram (muthira) an item of food as defined under S.2(v) of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act') is the question referred to us by the learned single judge (Basant, J.) for determination. Accused in this case sold 750 grams of horse gram (muthira) to the Food Inspector at 10.00 a.m. on 29.10.1986. On analysis, the horse gram was found to be adulterated. The courts below concurrently found that the prosecution had succeeded to prove that all the ingredients of S.16(1)(a)(i) of the Act were satisfied. The accused was found guilty of having committed the offence under S.16(1)(a)(i) of the Act and he was sentenced to undergo simple imprisonment for six months and to pay a fine of Rs.1,000/-. In this revision petition, petitioner/ accused questions the above conviction and sentence mainly on four grounds:

(i) Horse gram (muthira) purchased from the shop of the petitioner/ accused is not a food article as defined under the Act; but, it is a horse fodder or cattle feed;

(ii) Sampling done by the Food Inspector was not proper and not in conformity with the Rules;

(iii) Petitioner/ accused is entitled to the benefit of S.19(