1. This reference arises from a prosecution launched by the Food Inspector, Corporation of Trivandrum, under S.7 and 16 of the Prevention of Food Adulteration Act, 37 of 1954. The case against the accused was that he sold lac dhal, otherwise known as kesari dhal, as 'thuvaraparippu'. On analysis, the Public Analyst certified that the sample consisted of lac dhal, otherwise known as kesari dhal (Lathyrus sativus). The accused was convicted by the Corporation First Class Magistrate, Trivandrum, under S.7 (2) read with S.16 of the Act and he was sentenced by him to pay a fine of Rs. 50/- and in default, to undergo simple imprisonment for ten days. The accused took up the matter in revision before the Sessions Judge, Trivandrum, who found that the conviction could not be upheld. The learned judge has accordingly made this reference under S.438 of the Code of Criminal Procedure.

2. The grounds on which the learned Sessions Judge held that the conviction was not legal were (1) that there was no sale of the article to the Food Inspector and (2) that the certificate of the Public Analyst could not be acted upon, as he failed to give the data on which his opinion was based.

3. As