( 1 ) THE appellant herein is the original accused in Criminal Case No. 271 of 1970 in the Court of the learned City Magistrate 6 Court Ahmedabad. The accused was prosecuted in respect of alleged adulteration of cows milk which was being sold at his shop and he was found guilty of the offence punishable under sec. 16 (1) (a) (i) of the Prevention of Food Adulteration Act (hereinafter referred to as the Act) and sentenced to R. 1. for one month and to pay a fine of Rs. 1000/in default R. I. for 9 months.

( 2 ) THE facts of the prosecution case are that about 6-45 P. M. on July 15 1970 the Food Inspector of the Ahmedabad Municipal Corporation went to the shop of the accused at Madhupura. The accused held the licence to deal in milk and at the time when the Food Inspector Sanatkumar went to the shop sale of milk was going on. He purchased 700 mls. of cows milk from the accused and paid the price of 84 paise as demanded by the accused. Then he informed the accused that he was the Food Inspector and had purchased this milk for analysis by the Public Analyst. Equal quantities of milk were put in three clean dry glass bottles and 19 drops of formalin were added to each one