M.M. Kumar, J. - This is State appeal filed under Section 378(3) of the Code of Criminal Procedure, 1973 against the acquittal of respondents in case FIR No. 5 dated 10.1.1990 P.S. Civil Lines, Patiala registered under Section 7 of the Essential Commodities Act, 1955 (for brevity the Act) for violation of Clause 3 of the Punjab Regulation of Compounded Cattle, Food, Concentrates and Mineral Mixtures Order, 1988 (for brevity the Order).

2. The prosecution version as disclosed in the FIR is that on 14.9.1989 Atma Singh, Deputy Director, Dairy Development Patiala accompanied by Parshotam Dass and Darshan Singh, Poultry Extension Officer, Ludhiana and Assistant Dairy Extension Officer, Hoshiarpur respectively visited the premises of the accused respondent Jagdish Chand son of Brij Lal. The cattle feed was available in the shop for sale and Jagdish Chand was present. Out of 5 bags one cattle feed bag was taken at random and sample was drawn. Three samples were taken out of the said bag. It is stated that they were spread on a newspaper which was dried and cleaned. Thereafter the sample was made homogeneous. Three samples of cattle freed weighing about 400 gms. each were taken. T