JUDGEMENT

P. K. Mohanti. J. :- The appeal arises out of a judgement of the learned Chief Judicial Magistrate. Ganjam acquitting the respondent of an offence under S.16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954.

2. Appellant is the Food Inspector of the Berhampur Municipality. On 13-1-76 he visited the shop of the respondent for inspection of food articles exposed for sale for human consumption. After observing the formalities he purchased 1500 grams of Vanaspati as sample from a closed and sealed tin and paid Rs. 12.72 paise towards its price. He divided the sample into three equal parts and placed them in three clean and dry bottles and sealed and labelled them. One bottle containing the sample was sent to the Public Analyst and the other two bottles were handed over to the local Health authority as required by law. The Public Analyst of the Government of Orissa opined that the sample in question was adulterated. After obtaining necessary sanction under S.20 of the Act, the appellant filed prosecution report against the respondent.

3. The respondent pleaded not guilty to the charge and contended that on 11-11-76 he had purchased a sealed tin of Vanaspati of Kalpana br