1. The petitioner herein Madan Lal was convicted for an offence under S.7 read with S.16 of the Prevention of Food Adulteration Act, and sentenced to undergo rigorous imprisonment for three months and a fine of Rs. 500/- by Shri J.D. Kaptior, Metropolitan Magistrate, Delhi. In default of payment of fine he was further awarded rigorous imprisonment for three months. The conviction and the sentence have been upheld by Shri J.D. Jain (then Additional Sessions Judge, Delhi) vide his judgement dated Jan., 16, 1978.

2. The prosecution allegations were that on Aug., 4, 1976, at about 5.30 P.M. Food Inspector M.L. Chawla accompanied by another Food Inspector M.L. Sharma visited the petitioner's shop. They found 20 litres of milk contained in, the drum bearing the inscription "cow's milk" After disclosing his identity, Food Inspector Chawla purchased 660 mls. of milk as sample for analysis on payment of Rs. 1,30 P. as its price vide the receipt, Exhibit P.A. Prior to the payment of price he had thoroughly stirred the milk stored in the drum and had also issued notice Exhibit P.B. to the petitioner. The milk so purchased was divided. into three equal parts which was thereafter transf