( 1 ) THIS is a criminal appeal filed by the Municipal Corporation of Delhi with special leave under section 417 (3) Criminal Procedure Code, against the acquittal of the respondent-accused by the learned Magistrate First Class, Delhi of an offence punishable under the Prevention of Food Adulteration Act. A few relevant facts alone may be noticed.

( 2 ) A sample of cow s milk was taken by the Food Inspector 15th April, 1964 according to the rules. After compliance. with the formalities prescribed by law requisite drops of formalin were also added to the sample and it was sent to the Public Analyst for examination, which was conducted on 16th April, 1964. The sample is said to have been kept in a refrigerator till the examination. In spite of the same, according to the Analyst s report, the solid fat contained in the milk was said to be only 2. 28% as against 3. 5%. The complaint, however, was filed, for no accounted reason, as late as 23rd September, 1964. The accused was served on 12th October, 1964. The second sample of the milk left with the accused was sent for examination by the Director, Central Food Laboratory on 17th February, 1965 and was actually examine