JUDGMENT - (1) Criminal Appeal No. 1159 of 1957 has been preferred by the State of Bombay against the order pased by the learned Sessions Judge of Baroda in Criminal Appeal No. 33 of 1957 on his file.

(2) The case of the prosecution was that the respondent, who was t he accused in the trial Court, owned a milk shop within the Municipal limits of the City of Baroda. The Food Inspector of the Baroda Municipality visited the milk shop of the accused on 9-7-1956 at about 8-30 a.m and purchased 1 1/2 lb. of milk for analysis, after giving him the necessary notice in that behalf, as required by the provisions of the Prevention of Food Adulteration Act 1954. The quantity of the milk purchased by the Inspector was filled in three bottles in equal parts, and the bottles were duly closed, saled and labelled in the presence of some panchas. One bottle was given into the possession of the accused and one was sent to the public analyst for analysis of its contents. On 30-7-1956 the public analyst sent a report that the milk was adulterated and it contained 2.7 per cent. fat and 4.1 S.N.F. The Food Inspector thereafter filed the complaint, out of which the present proceedings arise, against the a

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