( 1 ) APPELLANT Rabari Teja Mohan has been convicted by the learned City Magistrate 6 Court Ahmedabad in Criminal Case No. 90 of 1966 for the offence punishable under sec. 16 (1) (b) of the Prevention of Food Adulteration Act 1954 (37 of 1954) which will hereafter be referred to as the Act. He has been sentenced by this Court to suffer rigorous imprisonment for six months and to a fine of Rs. 11 in default rigorous imprisonment for three months.

( 2 ) THE appellant-accused was charged with having on or about the 6 day of August 1965 at 5. 30 A. M. near Block No. 327 in Bapunagar Rakhial at Ahmedabad prevented Food Inspector Shri Mangulal C. Mehta from taking sample of milk from the appellant by throwing away the milk on the ground and thereby having committed an offence punishable under sec. 16 (1) (b) of the Act. The accused was tried on this charge which the learned City Magistrate has found to have been proved against him beyond reasonable doubt. It appears to be the prosecution case that on the morning of August 5 1965 at about 5. 20 A. M. Food Inspector Mehta accompanied by his peon P. W. 4 Mahmadmiya had gone to Bapunagar in Rakhial within the city of Ahmedabad.