1. The appeal is filed by the State against the judgment of the Judicial Magistrate of the First Class, Perumbavoor in S.T. 378/78. Food Inspector attached to Perumbavoor Muncipality filed complaint alleging offences under S.2(1) (a) and 7 read with S.16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954.

A1 was conducting a butter shop in room No. XII/220 in Perumbavoor town and A2 was the salesman employed by A1 in that shop. On 24-9-1977 at about 11.30a.m. the complainant purchased 450 grams of butter from the stock exhibited for sale from the the shop. A2 was paid the price of Rs.9/-. Food Inspector sampled the butter as per the rules and one of the samples was sent to the public analyst. Report showed it was adulterated. The learned magistrate found A1 and A2 guilty and sentenced them to undergo simple imprisonment for 6 months and to pay fine of Rs. 1000/- each and in default of payment of fine to undergo simple imprisonment for 3 months. Accused 1 and 2 filed Crl Appeal 18/81 before the Addl. Sessions Judge, Parur. The Learned Addl. Sessions Judge allowed the appeal and acquitted accused 1 and 2.

3. The learned counsel appearing for the respondents has ra