JUDGMENT Surya Prasad, J. - This is a criminal revision against the judgment and order dated 11-12-1990 passed by Special Judge (E.C. Act) Banda in Criminal Appeal No. 6 of 1990 Ram Dass v. State of U.P. which was preferred against the judgment and order dated 8-1-1990 passed by Munsif Magistrate (VII Finance Commission) Banda in Criminal Case No. 1202/IX/88 State v Ram Dass, convicting the revisionist under Section 7 (i) (1) (111)116 (i) (a) (I) (II) of the Prevention of Food Adulteration Act, 1954 sentencing him for six months R.I. and Rs. 1,000/-as penalty in case of default of penalty further two months R. I. and under Section 7 (III 116 (1) (a) ([1) of the aforesaid Act sentencing him further 15 days' R. I. and Rs. 100/- penalty in case of default of penalty further one week R. I. 2. The facts of the case has been vividly narrated in the judgment and order of the Courts below. Therefore there does not appear any necessity of reproducing the same. 3. I have heard the learned Counsel for the parties. 4. The learned counsel for the revisionist has argued that the prosecution has not examined any public witness in this case and, therefore, the mandatory provisions of Section 10 (7) of the Prevention of Food Adulteration Act, 1954 have not been complied with. For this purpose he has referred to the statement of Food Inspector Sri M. L. Verma (P. W. 1) which indicates that he has not even tried to procure presence of any of the public witnesses. Therefore his contention appears to be correct. 5. The learned counsel for the respondent has nothing to say otherwise than this. 6. In the result this revision is allowed. The impugned judgment and orders referred to above are set aside. The revisionist is acquitted of the charges levelled against him. He is on bail. His bail bonds are cancelled and sureties discharged. The fine if already deposited will be refunded to him.