( 1 ) THIS Criminal appeal by the State is directed against the Judgment and order of the Judicial 1st Class Magistrate, Adoni, acquitting respondents 1 and 2, (hereinafter referred to as the first accused and the second accused respectively) on charges under Section 16 (1) (i) read with Section 7 of the Prevention of Food Adulteration Act, (Central Act XXXVII of 1954 ).

( 2 ) THE facts of the case relating to this appeal are as follows: The Food Inspector attached to the Adoni Municipality examined in the case as P. W. 1, proceeded to the shop of the first accused who was a dealer in food-stuffs and provisions like ghee etc. , and on 29-5-1957 at about 10 a. m. purchased one seer of ghee from the second accused paying Rs. 1-4-0. He obtained a receipt from the second accused marked as Ex. P-l in the case. The ghee that was sold to him was taken out of a tin of ghee which was lying in the shop. Having thus purchased the ghee in question and obtained the receipt Ext. P-1, P. W. l poured the ghee into three bottles in the presence of the second accused, and marked the bottles as Sample No. 28 and sealed all the three bottles with his seal. At the same time, P. W. 1 serv