JUDGMENT

J.M.L. Sinha, J. - This appeal arises out of the judgement and order dated 5 of April, 1969 passed by a Magistrate, First Class, Meerut, acquitting the respondent of the offence u/S. 16 of the Prevention of Food Adulteration Act.

2. The facts leading to this appeal can briefly be stated as under

On 21st November, 1967 near about 12.30 O'clock noon Sri Vir Singh,(PW 1) Food Inspector, Municipal Board, Meerut collected sample of turmeric powder from the shop of the respondent. The formalities prescribed under the law were duly complied with. One part of the sample was sent to the Public Analyst who reported the sample to be adulterated. A complaint was therefore filed for the prosecution of the respondent under section 16 of the Act.

3. The respondent in his statement in the trial court admitted that the Food Inspector collected sample of turmeric powder from his shop. He however, pleaded that the turmeric powder was sold for being used as a medicine to the injuries and not as an edible stuff. He denied that he received any price for the sample.

4. In order to prove its case the pro- section examined Sir Vir Singh (PW 1) Food Inspector, Roop Kishore (PTY 2) and Matroo Lal (PT