JUDGMENT

M.P. Saxena, J. - Parbhudayal has filed this appeal against the judgment and order dated 24-8-1977 passed by the IIIrd Addl. Sessions' Judge, Asamgarh, convicting him under section 7/16 (1) (a) of the Prevention of Food Adulteration Act and sentencing him to two years rigorous imprisonment and a fine of Rs. 2000/-. In default of payment of fine he was awarded six months further imprisonment.

2. The prosecution case, in brief was that in December 1975 a Special Drive was conducted in the District of Azamgarh to check adulteration in food articles. Batches of Food Inspectors visited various markets of the District and took samples of articles of food for analysis. In that connection Nath Ji Prasad, Food Inspector, Thekma was deputed to go to Bilariyaganj Bazzar. On 3-12-1975 he went there and visited the kerana shop of the appellant. He found Kesari dal being exposed for sale at his shop. After disclosing his identity the Food Inspector asked him to sell a sample of Kesari dal for analysis 750 Grams of Kesari dal was purchased on payment of price and its necessary documents were prepared. Dal was kept in equal quantity in three phials which were properly sealed. One of them w