( 1 ) ON January 23, 1973, at 9. 45 p;m. a food inspector visited the premises of Alka Hotel and Restaurant in Connaught Circus. New Delhi. He purchased toned milk and curd prepared from toned milk from M. C. Arora, manager of the restaurant. Each sample was divided into three pans as required by the Prevention of Food Adulteration Act (the Act), One sample of each of the two articles was sent to the public analyst. The analyst reported that both the samples were adulterated.

( 2 ) THE Union of India launched the prosecution against three accused persons (1) M. C. Arora, manager of the restaurant; (2) Alka Hotel and Restaurant, a partnership firm and (3) S. P. Agarwal, the managing partner of the firm Alka Hotel and Restaurant who, it was stated, was incharge of and responsible for the conduct of the business of the firm. The complaint was filed under sections 7, 16 and 17 of the Act.

( 3 ) WHEN the evidence was being recorded by the trying magistrate the accused M. C. Arora made an application to the court for sending the samples of both the articles to the Director of Central Food Laboratory, Calcutta for test analysis. The trial court acceded to the request. Th