JUDGMENT

BHAGWATI , J:— This appeal, by special leave, raises a short and interesting question of law relating to the interpretation of the provisions of the Prevention of Food Adulteration Act, 1954. The facts giving rise to the appeal are few and may be briefly stated as follows.

2. On 12th July, 1967, a raiding party headed by Dr. A. D. Kumar, the Assistant Health Officer of the Municipal Corporation of Delhi and comprising inter alia Shanti Nath, Navnit Lal, H.R Sood and H. K. Bhanot, Food Inspectors intercepted a truck bearing No. DLL 1925 near Chandni Chowk, Delhi at about 7 a.m. in the morning. The truck contained twenty-five to thirty cans of cow s milk which was being carried for sale by the appellant. The raiding party took the truck inside the compound of the Municipal office and there, samples of cow s milk were taken from eight cans chosen at random by different Food Inspectors one sample being drawn from each can. Each sample was divided into three parts and after carrying out the usual formalities, one part of each sample was sent to the Public Analyst for analysis. The result of the analysis was that each sample was found to be adulterated under S. 2, sub-section (i