S. BARMAN, J.

( 1 ) THE Government appeal is against an order of acquittal of the accused respondent who is a grocer shop-keeper and a businessman of Karanjia on the charge of having exhibited adulterated 'guntur' ghee for sale and for having sold the same to the Karanjia Food Inspector and thus having committed an offence under Section 16 of the Prevention of Food Adulteration Act, 1954. The Criminal reference arises out of a recommendation by the learned Sessions Judge for retrial of the case in the circumstances thereinafter stated. The defence of the accused is complete denial.

( 2 ) THE circumstances in which the accused was charged for alleged adulteration of the Gunthur Ghee are these : On January 20, 1963 the Food and Sanitary inspector P. W. 1 inspected the accused's shop and collected three samples including one sample of Gunthur Ghee which he had exhibited for sale. All the samples were taken in three bottles and sealed in the accused's presence. One of the samples under seal was delivered to the accused. The second sample was sent to the Public Analyst, Govt. of Orissa for analysis. The third one kept by the Food inspector. It is said that the Food Inspector fastened