H. Swarup, J. :- The Notified Area Committee, Jaunpur, has filed this appeal against the order of the Sessions Judge acquitting the respondent Maluk Das Gupta of the offence under Sec. 16 of the Prevention of Food Adulteration Act (hereinafter referred to as the Act), in appeal filed against the order of the trial court convicting him of the offence.

2. The case of the prosecution in brief was that on 2-11-1966, at about 3 p.m., the Food-Inspector. Sri Rajni Kant Agnihotri found Maluk Das Gupta selling mustard oil at his shop without a licence. Suspecting that the oil may be adulterated he demanded a sample of the mustard oil but Maluk Das Gupta refused to give the sample.

3. The defence was that the accused was neither selling mustard oil nor did he prevent the Food-Inspector from taking the sample. The visit of the Food-Inspector was itself denied. The witnesses were alleged to have given false evidence as they were under the influence of the Chairman of the Notified Area Committee.

4. The trial court came to the conclusion that the accused had exhibited for sale at his shop mustard oil and by refusing to give sample thereof had prevented the Food-Inspector from taking t