V. D. BHARGAVA, J.

( 1 ) THIS is an appeal against acquittal in a case under Section 7/16 (b) of the Prevention of Food adulteration Act.

( 2 ) THE Food Inspector reached the shop of Jhamman Lal on 26-2-1958 at about 2 p. m. There were four drums of sarson oil at the shop and also mungphali oil which was exposed for sale. He asked Jhamman Lal, respondent No. 1 to give; him a sample of mustard oil. But Jhamman, Lal instead of complying with the request, of the Food, Inspector left the shop and promised to come shortly. The Food Inspector waited for some time, but Jhamman Lal did not turn up. Tota Ram, who appears to have been also sitting on the shop was then asked by the Food Inspector to supply the sample. He said that sample could only be given by Jhamman Lal and that he was going to call Jhamman Lal. He also left the shop. The Food Inspector waited for an hour and a half, but neither Tota Ram nor Jhamman Lal came: back. The Food Inspector had gone with witnesses Bhola (P. W. 3), Ram Samp, Rafi Uddin (P. W. 2) and Mohammad Ismail (P. W. 4 ). He thereafter made a report against Jhamman Lal that Jhamman Lal prevented the Food inspector from obtaining sample from him and Tota Ram ha