1 On 11-12-1974 the Food Inspector, Trivandrum Circle, examined as Pw-1 in the case, purchased from the provision store of the accused respondent 600 gms. of turmeric powder in six packets After following the formalities prescribed under the Prevention of Food Adulteration Act (for short the Act) one sample was sent for analysis. The Public Analyst reported that it did not conform to the standards prescribed for turmeric powder and was therefore adulterated A complaint was thereupon filed against the accused for an offence punishable under S.7 read with S.16 of the Act The accused admitted the sale of the article. But he contended that the article was not sold by him as food but as meant for pooja. It is in evidence that the packets contained labels bearing the inscription "Manjal Podi for Poojas". The Addl. Judicial 1st Class Magistrate observed that there was no evidence adduced by the prosecution that the article was kept for sale to be used as food. Placing reliance on the labels which are marked as Ext. P8 series the court held that the accused was not guilty of the offence charged against him and therefore acquitted him under S.248(1) of the Criminal Procedure Code. The app

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