( 1 ) THIS appeal arises from the judgment of Shri C. D. Sharma, Judicial Magistrate 1st Class, Delhi dated 29-10-69 whereby Shri Ram respondent was acquitted of the charge under Section 7116 of prevention of Food Adulteration Act, 1954 framed against him on account of the complaint filed by the Municipal Corporation of Delhi.

( 2 ) SRI Ram had a shop where milk and curd were sold in Gali Bahuji, Pahari Dhiraj, Delhi. Shri V. N. Sharma, a Food Inspector visited that shop at 7. 00 A. M. on 19th April, 1969 and purchased from Sri Ram 660 MI. of Cow s milk for purposes of analysis against payment of 90 P. , the price of the said quantity of milk. The sample of milk so purchased was divided into three equal parts and put in three clean and dry bottles which were properly sealed after addition of the requisite 18 drops of formalin per bottle. One of the three sealed bottles was given to Siri Ram and another was delivered to the Public Analyst for test. The milk sold by the shopkeeper was claimed by him to be cow s milk and it was required, accordingly to the standards laid down by the Prevention of Food Adulteration Rules, 1955, to contain not Jess than 3. 5 per cent mil