1. - On January 28, 1977 PW-1 Sri Hari Dutta Sharma, Food Inspector, Bharatpur, purchased the sample `pedas' prepared with Mawa, from the petitioner at his shop, M/S Radha Bhallabh Gopal Dass, Chobarja Bazar, Bharatpur. On analysis of the sample `Pedas', the Public Analyst reported them adulterated for their containing non-permitted metanil yellow and basic dye(yellow shade,) food colour. On the complaint of the Food Inspector, the Chief Judicial Magistrate, Bharatpur (CJM) tried the petitioner for an offence punishable Under section 7/16 of the Prevention of Food Adulteration Act 1954(the Act) and found him guilty thereof. He, therefore, convicted the petitioner of the same and sentenced him to one year RI and fine of Rs. 2,000/-. In appeal, the learned special Judge, Bharatpur confirmed the order of the conviction and sentence of the petitioner. Hence this revision application under Section 397 Criminal Procedure Code before this court.

2. Mr. R. N. Khandelwal, the learned counsel for the petitioner urged that the specified authority granted the sanction in this case without aoplying his mind to the facts of the case, hence the very foundation of the prosecution of the pe