( 1. ) APPELLANT Dwarka Prasad s/o Ramnath Gupta, aged about 40 years, a Sanitary-cum-Food Inspector, then posted at Ashoknagar, District Guna, has come up in this appeal against his conviction by Shri T. N. H. Pancholi, Special Judge, guna, in Sp. Case No. 1 of 1981, under the Judgment dated 11-1-1982, under section 161 of Indian Penal Code and Section 5 (d) read with Section 5 (2) of the Prevention of corruption Act and the sentences, respectively thereunder, of rigorous imprisonments for one year and 11/2 years, along with fine of Rs. 250/-, in default further rigourous imprisonment for two months. The jail sentences are to run concurrently_

( 2. ) FOLLOWING facts are not in dispute :-That on the date of the alleged offence dated 29-11-1978 and prior thereto, appellant Dwarka Prasad was posted as the food-cum-Sanitary Inspector at ashoknagar, District Guna. Hari Shankar Gupta (P. W. 3) is the son of Motilal Gupta (P. W. 5) and they own and run a restaurant-cum-sweet meat (Halwai) shop at ashoknagar. On 31-8-1978, a sample of "jalebi" was obtained from their sweet meat shop by the appellant under and in accordance with the provisions of the Food adulteration Act, one par