1. The revision petitioner is the accused in C.C. No. 28 of 2006 on the files of the Court of the Judicial Magistrate of First Class-III, Thiruvananthapuram. The revision petitioner was indicted by the Food Inspector, Thiruvananthapuram Corporation for the offences under Sections 2(i-a)(a) (j)(ix)(k), S. 7(i)(ii) and S. 16(1A)(i), 1(a)(i) of the Prevention of Food Adulteration Act, 1954 and Rules 23 and 29 of the Prevention of Food Adulteration Rules, 1955.

2. Heard both sides.

3. The prosecution allegation can be briefly stated as follows:

The revision petitioner was the salesman of Martino Bakery, Thampanoor, Thiruvananthapuram. On 18.5.2005, at 1.30 p.m. the Food Inspector of Thiruvananthapuram Corporation inspected the said bakery. The Food Inspector purchased three packets of banana chips from the shop. Thereafter, he took samples from the packets. After complying with all legal formalities, one sample was sent to the Public Analyst, Thiruvananthapuram, for analysis. The Public Analyst issued Form III report with an opinion that the sample contained synthetic food colour Tartrazine and was therefore adulterated under the Prevention of Food Adulteration Rules, 1955. It was