JUDGMENT :- This appeal is filed by the learned Public Prosecutor on behalf of the State of Madras, against the judgment of the learned Sessions Judge, Tirunelveli in C. A. 36 of 1962. The accused, a grocery merchant in Tuticorin, was convicted by the Sub Divisional Magistrate, Tuticorin, under S. 7, S. 16(1)(a) read with S. 7(v) of the Prevention of Food Adulteration Act. Section 7(v) states that no person shall himself or by any person on his behalf manufacture for sale, or store, sell or distribute any adulterated food. Section 16(1)(a) states that if any person, whether by himself or by any person on his behalf, sells or distributes, any articles of food in contravention or any of the provisions of the Act, he shall be punished.

2. The facts in case lie within a narrow compass. P.W. 1, the Sanitary Inspector of the Tuticorin Municipality, who is also the food inspector under the Prevention of Food Adulteration Act, went to the shop of the accused on 30-09-1961 and purchased 3/4 lb of compounded asafoetida for the purpose of analysis. P.W. 2 was present at that time. As usual, the samples were divided into three parts and there is no dispute that the prescribed formaliti