( 1 ) THIS is an appeal by the State against the acquittal of the respondent who was prosecuted under secs. 16 (1) (a) and 7 (v) of the Prevention of Food Adulteration Act. The respondent runs a restaurant in Nadiad called Manmohan Restaurant. He sold 1 1/2 seers of adultered Dahi (curd) to the complainant the Food Inspector of Nadiad Borough Municipality in the presence of Panchas and on analysis it was found to contain 502 fat deficiency. It was proved by the prosecution and admitted by the accused that the complainant Food Inspector had come with the Panchas to his restaurant and that he had asked for a sample of Dahi. He also admitted that the Food Inspector had given Ex. 15 to him and that after giving Ex. 15 the complainant had purchased 1 1/2 seers of Dahi from him and divided it into three parts. The respondent also admitted that the Food Inspector gave one of the parts of the sample of Dahi to him. The accused further admitted that he was given the price of Dahi and the receipt is Ex. 16. In the face of these admissions the learned Magistrate acquitted the respondent on the ground that the respondent had not stored Dahi for sale but for preparing Lachhi. The