B.P. Beri, J.-The Sub-divisional Magistrate, Salumber acquitted Kapoorchand by his judgment dated 12th March, 1965 in a case under Sections 7 and 16 of the Prevention of Food Adulteration Act. The State of Rajasthan has come up in appeal against this acquittal.

2. Thematerial facts which have given rise to this appeal are: Kapoorchand is a shop keeper in village Veerpur, who sells amongst other things ‘Ghee’ On June 19, 1963 Food Inspector Durga Shanker made a test purchase from his shop, filled in three phials out of the ‘Ghee’ purchased by him One of these phials he handed over to the accused, and sent another to the Public Analyst According to the report from the Public Analyst dated 6th August, 1963 that sample was found to be adulterated with ‘Vanaspati’. After taking necessary consent from the Local Authorities the accused was prosecuted for an offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act.

3. The learned Magistrate, who tried the accused found that the two Motbirs in whose presence the prosecution alleged the action of taking samples did not support the prosecution and therefore it was not proved by the prosecution that the