ASHOK KUMAR MATHUR,J. - (1.)THIS is a State appeal against the acquittal of the accused persons under Section 7 read with Section 16 of the Prevention of Food Adulteration Act. 1954 (here in after referred to as 'the Act').
(2.)THE brief facts giving rise to this case are that Ratan Singh, Food Inspector inspected the shop of M/s Mahavir Store located at Rui Katla, Pali on 26 -4 -1974. He took the sample of chilli powder and sent that to the Public Analyst for examination. The Public Analyst found the chilli powder adulterated. He sought the consent of the local authority and launched the prosecution against the accused persons. Learned Munsif Magistrate, Pali by his judgment dated 25 -2 -1978 held that the prosecution has not been able to establish that Sumer Raj is the owner of the shop, he further found that Rule 22 of the Prevention of Food Adulteration Rules, 1955 (here in after referred to as 'the Rules of 1955') was not complied with. It was observed by the learned Magistrate that since the chilly powder is a condiment and sample of 200 grams should have been sent to the Public Analyst as required under Rule 22 but the quantity sent by him was not sufficient, therefore, he gave benefit to the accused and acquitted them.
Aggrieved against this judgment the State of Rajasthan has filed the present appeal against the acquittal of the accused persons.

(3.)I heard both the learned Counsel and have also perused the record.