JUDGMENT :

J.K. Mohanty, J. - This is an appeal filed by the State Government against the order of the S. D. J. M., Chhatrapur, Ganjam acquitting the accused-respondent, S. Dandasi Patro, who is a dealer in grocery articles of the charges u/s. 16(1)(a) of the Prevention of Food Adulteration Act, 1954.

2. Prosecution case is that on. 25-7-1977 the Food Inspector of Ganjam visited the grocery shop of the accused-respondent and suspected that edible Til oil kept in the shop for sale was adulterated. He purchased 375 gms. of Til oil and paid the price of the same to the respondent. Then-he divided the oil into three equal parts and kept each of them in a sample bottle after observing all formalities and taking necessary precautions. He sent one of the sample bottles to the Public Analyst for his examination and report. The Public Analyst opined that the sample was adulterated. So prosecution report was filed against the accused-respondent.

3. The plea of the accused-respondent is a complete denial. His further case is that he had kept the Til oil not for human consumption but for use of a fuel.

4. Prosecution examined three witnesses. P. Ws. l and 2 are the Food Inspectors and P. W. 3 is a