This criminal appeal against acquittal came up for hearing again when the judgment of conviction and sentence under section 16(1)(a)(i) of the Prevention of Food Adulteration Act was set aside in a petition filed under section 482 of the Code of Criminal Procedure and the appeal reopened.

2. Sample is curd, which the respondent exposed for sale in his hotel and sold to PW 2 Food Inspector on demand without specifying whether it is from milk of cow or buffalo. Rules require it to be treated as curd from milk of bufallo. Ext. P1 report issued by PW 1 Public Analyst shows it to be substandard going by the standard of curd from milk of cow or bufallo. It also contained not less than 31% of added water. Sale and adulterated nature of the sample were found by the Magistrate. Those aspects were not challenged before me.

3. Curd was exposed for sale in the hotel in cups. PW2 purchased 6 cups of curd. In the box, he said that the entire quantity purchased was poured into a larger vessel brought by him using an ounce glass and then it was churned and mixed before being sampled in three clean and dry vessels. Magistrate is of the opinion that this is insufficient. She said that th