Judgment

KAILASAM, J.:- This appeal is by special leave by Sambhu Dayal against the judgment of the High Court of Allahabad allowing an appeal by the Government of U. P. and setting aside the order of acquittal and restoring the conviction under Ss. 8 and 16 of the Prevention of Food Adulteration Act and the sentence of six months rigorous imprisonment passed by the Sub-Divisional Magistrate, Jalaun.

2. On 1st Nov., 1966 Shri Raja Ram Bhatt, the Food Inspector, went to the village and found the appellant Shambhu Dayal bringing cows milk to Orai for sale. The Food Inspector served a notice on the petitioner and took sample of the milk weighing 660 grams against cash payment of 0.60 P. He divided it in three equal parts and kept each part in a different bottle. He added 16 drops of formalin in each bottle and then sealed the same. One of the sealed bottles was given to the petitioner. Another bottle was sent to the Public Analyst, Lucknow for analysis. The Public Analysts submitted his report dated 14th Dec., 1966 giving his opinion that the sample was deficient in non-fatty solid contents by about 15 per cent. The charge-sheet was filed on 5th Feb., 1967 by the Food Inspector after ob