1. The petitioner is the second accused in a case charged by the Food Inspector, Pinarayi Panchayat in Cannanore District. Pw. 2, the Food Inspector visited the grocery shop building No. W. V. 64A of the Pinarayi Panchayat at about 12-15 P M. on 7-8-1972. The petitioner, according to the complainant, was conducting sales in the shop. Pw. 2 purchased 750 grams of toor dhall for purposes of sampling after following the formalities prescribed under the Prevention of Food Adulteration Act and the Rules thereunder. The sample was divided into three equal parts and one portion of the same was sent to the Public Analyst, Trivandrum for analysis. The Public Analyst sent a report which is marked as Ext. P5 in the case stating that the sample consisted wholly of lac dhall otherwise known as Kesari dhall as seen from the microscopic examination. The sample also gave a positive test for B. O. A. A which is a characteristic amino acid present in kesari dhall. The sale of kesari dhall under any description is prohibited on account of the fact that its consumption is injurious to public health. Relying on the report, a complaint was filed by Pw. 4, the then Food Inspector against one