1. The respondent was running a hotel and tea shop at Vythiri. On 1-7-1977 at about 4 P. M. the Food Inspector Kalpetta circle inspected the respondent's hotel and demanded 675 Mi of boiled milk from the respondent for the purpose of sampling. This was taken out from 10 litres of boiled milk stored in a brass vessel for the purpose of preparing tea. The sample so taken was sent for analysis and on the certificate of the Public Analyst that the sample was adulterated with 47 percent of added water the complaint was laid before the Magistrate. According to the accused the milk purchased from him was kept for the purpose of preparing tea and therefore no sample ought to have been taken from it. The learned Magistrate found that the sample was kept in the tea shop for the purpose of manufacturing tea and not for sale as such milk, that it was primary food and as such the sample ought not to have been taken under sub-section (2) of S.10 of the Prevention of Food Adulteration Act.

Accordingly the accused was acquitted under S.255 (1) of the Code of Criminal Procedure. The appeal it filed by the State against the judgment of the Magistrate.

2. The Judgment mentions that even acc