Judgment

VAIDIALINGAM, J. - This appeal, by special leave, by the Food Inspector, Calicut Corporation, is directed against the judgment and order dated June 26, 1968 of the Kerala High Court in Criminal Appeal No. 113 of1968 confirming the acquittal of the respondents of an one under Section 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954 (Act No. 37 of 1954) (hereinafter to be referred to as the Act).

2. The first respondent is the Manager and the second respondent, his wife, are the owner and licencee of a tea stall in the premises No. 4/777 Customs Road, Calicut. They were accused Nos. 1 and 2 respectively. On November 17, 1965 at about 9.45 A. M. the Food Inspector Calicut Corporation, purchased from the first respondent 600 grams of sugar for a price of 78 paise for analysis from the stock of sugar kept in the premises to be used in the preparation of tea sold to customers in the said tea stall run by the second respondent under the licence issued by the Corporation. The quantity of sugar so purchased was sampled as per the rules in the presence of the first accuse and the witnesses. One portion of the sample was sent to the Public Analyst for analysis. The Analy