M.R. Sharma, J. - (1.) This appeal is directed against the judgment of acquittal dated Nov. 6, 1974, passed by the learned Judicial Magistrate 1st Class, Chandigarh, in a case under Sec. 16(1)(a)(i) of the Prevention of Food Adulteration Act. It is stated that Food Inspector Shri Om Parkash Gautam (PW 1) purchased 750 grammes of dal mash from the respondent on March 12, 1973, on a payment of Re. 1-87 Paise. On analysis, the sample was found to be infested with insects. At the trial, the respondent took up the plea that the sample of dal mash was obtained by the Food Inspector from a tin which was placed outside his shop near a pole because it was meant as food for the birds. Apart from Shri O. P. Gautam (PW 1), the prosecution had also mentioned Shri Jawahar Lal as a witness. But he was not produced at the trial. Shri Om Parkash Gautam was questioned in cross-examination that a chit had been pasted to the pole by the side of which this tin was kept on which it had been written that the sample of dal was not for sale. The Food Inspector, however denied this suggestion. The prosecution has not led any evidence to show that at the material dated, market value of good quality dal was the same at which the Food Inspector purchased the disputed sample of dal from the respondent. Had the prosecution produced Jawahar Lal as a witness it would have been possible for the respondent to effectively cross-examine him for showing that the statements made by him and the Food Inspector were discrepant. In the presence of the afore-mentioned two infirmities in the prosecution case, it was open to the learned trial Magistrate to give the benefit of doubt to the respondent Sitting in appeal, we are unable to take a different view of the evidence because the one taken by the learned Judicial Magistrate is based on reasonable ground. There is no merit in this appeal which is hereby dismissed. Appeal dismissed.;