K.S. HEGDE, J.

(1) TWO contentions advanced in this appeal by special leave are (1) that the appeal filed by the Municipal Board, Saharanpur, before the High court of Allahabad-under Section 417 (3) of the Criminal Procedure Code was not maintainable in law and (2) the accused could not have been convicted on the strength of the certificate of the Public Analyst annexed to the complaint. The High court rejected both those contentions.

(2) THE material facts relating to this appeal are these : The accused in this case is the proprietor of Khalsa Tea Stall situated in court Road, Saharanpur. Among other things, he was selling coloured sweets. On suspi- cion that the sweets sold by him were adulterated, the Food Inspector, Muni- cipal Board, Saharanpur, purchased from the accused for examination some coloured sweets under a Yaddasht on 31/05/1963, and sent a portion of the same to the Public Analyst of the government of U. P. for examination. The Public Analyst submitted his report on 24/06/1963. It reads :

"SEE Rule 7(3)

REPORT BY THE PUBLIC ANALYST

REPORT No. 11652.

I hereby certify that-I, Dr. R.S. Srivastava, Public Analyst for Uttar Pradesh, duly appointed under the provisions of the Prevention of Food Adulteration Act, 1954, received on the 4th day of June, 1963, from the Food Inspector care of Medical Officer of Health, Municipal Board, Saharanpur, a sample of coloured sweet (Patisa) prepared in Vanaspati No. 264 for analysis, properly sealed and fastened and that I found the seal intact and unbroken.

I further certify that I have caused to be analysed the aforemen- tioned sample, and declare the result of the analysis to be as follows :

TEST for the presence of coal-tar dye :-Positive.

COAL-TAR dye identified :-Metanil yellow.

(COLOUR Index No. 138)

ANALYTICAL DATA IN RESPECT OF FAT OR OIL USED IN

THE PREPARATICAN OF THE SAMPLE.

1. Butyro-refractometer reading at 40 G :-50.5.

2. Melting point :-33.8G.

3. Baudouins test for the presence of Til oil :-Positive.

4. Tintometer reading on Lovibond Scale 4.0 Red Units plus O.I yellow units coloured with a coal-tar dye namely, Metanil Yellow (Colour Index No. 138) which is not one of the coal-tar dyes permitted for use in foodstuffs under Rule No. 28 of the Prevention of Food Adulteration Rules, 1955.

NO chance had taken place in the constituents of the sample which would have interfered with analysis.

SIGNED this 24th day of June) 1963.

THE sample belongs to :-

R. S. Srivastava S. Dhian Singh son of Jiwan Singh M. Sc., LL. B., Ph. D(Lond.), P. R. L. C. Public Analyst to government of U. P. Public Analyst, Senders address : Uttar Pradesh, Lucknow.

THE Food Inspector care of Medical Officer of Health, Municipal Board, Saharanpur."

(3) ON the basis of that certificate, a complaint was filed in the. court of City Magistrate, Saharanpur, under Section 7, read with Section 16 of the Prevention of Food Adulteration Act, 1954. It is purported to have been filed by the Municipal Board, Saharanpur, but it was signed by its Food Inspector. The accused pleaded not guilty. Various contentions were taken by the accused in support of his defence. The trial court acquitted him taking the view that as the report of the analyst did not contain any data, no conviction .could be founded on its basis and as the Yaddasht relating to the sale had not been attested as required by law, the seizure in question must be held to be invalid. As against that decision, the Municipal Board of Saharanpur went up in appeal to the High court under Section 417(3), Criminal procedure code The High court. allowed the appeal disagreeing with the trial court on both the questions of law referred to earlier. It came to the conclusion that the analyst had given the necessary data and hence his report afforded sufficient basis for conviction. It further opined that the fact that the Yaddasht had not been attested by the witnesses of the locality,