( 1 ) THE appellant has been convicted by the City Magistrate 6 Court Ahmedabad of an offence under sec. 16 (1) (a) (i) read with sec. 7 of the Prevention of Food Adulteration Act 1954 (herein after referred to as the Adulteration Act) for having sold adulterated cows milk and has been sentenced to undergo rigorous imprisonment for one month and to pay a fine of Rs. 1000/in default of payment of which to undergo further rigorous imprisonment for three months. In appeal against that conviction to this Court several points of law have been raised which were not raised in the lower Court. Similar points of law have been raised in similar appeals by other accused persons pending before this Court in respect of cases of adulteration under the Adulteration Act. Therefore some of the advocates appearing in those cases who desired to intervene have also been heard on these points.

( 2 ) THE facts of this case which were broadly representative of the facts in other cases also so far as the points of law reised are concerned may be stated in brief. On 2-12-1965 at about 8 A. M. at Ahmedabad the Food Inspector Mangulal C. Mehta who is the complainant in this case went to the s