SYED M.Fazal Ali, J.

(1) IN this appeal by special leave the appellant had been convicted under S. 16(1) (a) (i) read with S. 7(i) of the Prevention of Food Adulteration Act, 1954 and sentenced to six months rigorous imprisonment and a fine of Rs. 1,000.00. The prosecution case was that on 28/09/1971, Public Witness 1 the Food Inspector found the appellant Masta Singh having in his possession about 10 kgs. of cows milk carried for a sale in a drum. He demanded a sample and after purchasing 24 ounces of milk and making the usual parts he sent the same to the Public Analyst for examination. There is absolutely no evidence on the record to show as to whether or not the sample of milk taken by the Food Inspector was meant for sale or that it was cows milk. Public Witness 1 has no doubt stated in his evidence that the milk was carried in a drum and was cows milk but he does not explain from what source he came to have this knowledge. In fact the Food Inspector in his report to the Public Analyst (Item No. 23) has clearly stated that in the container from which the sample was taken, nothing was mentioned as to the nature of the milk. Furthermore, Public Witness 2 ha