The applicant Rasik Behari is being prosecuted for an offence under Section 7/16 of the Prevention of Food Adulteration Act. From a perusal of the record it appears that Sri R. L. Trivedi, Food Inspector (P.W. 1) was examined under Section 252, Criminal P.C. on 8-7-1969 and the accused was examined on 22-7-1969. A charge was duly framed against the accused under Section 7/16 of the Food Adulteration Act. It appears from the perusal of the order sheet that on 7-10-1969 in the presence of the accused the Court fixed 22-10-1969 for the prosecution evidence. On that day the witnesses did not come. On an application being made 21-11-1969 was fixed for prosecution evidence. On this date also the prosecution witnesses could not be produced. The date was therefore adjourned to 17-12-1969 for the aforesaid purpose. The case was again adjourned to 7-1-1970 on which date the accused and his counsel were present. The statements of prosecution witnesses Shyam Babu (P.W. 2) and Ram Lakhan (P.W. 3) were recorded under Sec. 256, Criminal P.C. Both these witnesses were cross-examined by the defence counsel. The prosecution evidence was closed and the witnesses discharged. The Magistrate fixed