JUDGMENT J.P. Chaturvedi, J. - This is an application under section 482 Cr. P.C., 1973 by Sunder Lal for quashing the proceedings in Criminal Case No. 129 of 1975 - N.S.A. v. Sunder Lal and others. 2. The facts giving rise to this application are that on 21-6-74 Food Inspector Jagdish Pandey went to the shop of the applicant Sunder Lal at 12.30 P.M. He after giving him notice in Form VI purchased 400 grams of Atta and he paid its price. He divided the sample in three parts and packed and sealed them in three bottles separately. One of the samples was sent to the Public Analyst who found it to be adulterated. Accordingly a complaint was made against the applicant in the Court of the learned Judicial Magistrate, Allahabad. 3. The contention of the applicant is that the quantity of Atta purchased by the Food Inspector by way of sample was only 400 grams whereas under Rule 22 of the Prevention of Food Adulteration Rules he was required to send 200 grams of Atta to the Public Analyst and as such he should have purchased 600 grams of Atta by way of sample. 4. In Rajaldas G. Pamnani v. State of Maharashtra, 1975 (I) F.A.C. 1 it was held that Rule 22 providing for purchase of certain quantity of food material for analysis is mandatory and that shortage in quantity for analysis is not permitted by the statute. The non-compliance of the provision of Rule 22 with the quantity to be supplied caused not only infraction of the provision hut also injustice. The conviction was, therefore, set aside. In view of this authority, therefore, the prosecution of the applicant for an offence under section 16 read with section 7 of the Prevention of Food Adulteration Act was not justified. 5. The application is, therefore, allowed and the proceedings so far as the applicant Sunder Lal is concerned arc quashed.