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15. The sample was taken on May 30, 1974. It was on July 2, 1975, more than a year after that, that the accused was asked to produce his sample. There is force in the contention that with the lapse of time there were chances of increase of rancidity in the oil sample.

16. The learned Magistrate after discussing the factual as well as legal aspect, has rightly held the prosecution responsible for the bottle being found empty at the Central Food Laboratory, Calcutta. The learned Magistrate, in my opinion has not committed any error in not penalising the respondent for his not producing the sample given to him.