Shambhu Prasad Singh, J.

1. This is an appeal by special leave under Sec. 417(3), Criminal Procedure Code by the Chairman, Jugsalai Notified Area Committee, against a judgment and order of a First Class Munsif Magistrate at Jamshedpur acquitting the respondent of the charge under Sec.16(1) of the Prevention of Food Adulteration Act, 1954, (hereinafter to be referred to as the Act).

2. According to prosecution case, on 31-5-1965 a Food Inspector of the Committee (P. W. 1) went to the shop of the respondent and took sample of cows milk weighing 3/4th Seer, after observing the necessary formalities and on payment of price. He divided the milk into three parts and kept each part measuring 8 oz. in three bottles. He also added 8 drops of formalin (a kind of preservative) in each bottle and thereafter sealed and packed them. He gave one of the bottles to the respondent and took two of them with him. Out of those two, one was sent to the public analyst, who found the milk adulterated (vide his report Ext. 5). Thereafter a prosecution report was filed against the respondent and he was put on trial.

3. The defence of the respondent is that he does not sell milk; rather has got a tea