1. This appeal is directed against an order of acquittal passed by the Judicial Magistrate of 1st Class, Changanacherry, in a case under the Prevention of Food Adulteration Act which will hereinafter be referred to as 'the Act' for brevity.

2. On June 11, 1976 at about 6.30 a.m. pw.1. the Food Inspector, purchased 6 5 ml. of buffalo milk from a quantity of about 5 litres from the first accused who brought the same for supply to the Co-operative Milk Supply Society at Nedumkunnam, for the purpose of analysis. The milk belonged to the second accused who sent it through the first accused, his servant, for sale in the Society. As per Ex. P5, the report of the public analyst, the sample sent for analysis did not conform to the standard prescribed and also contained added water. The accused were therefore prosecuted for offences punishable under S.2 (1) (a) and 7 (I) read with S.16 (1) (a) (i) of the Act for having sold adulterated buffalo milk.

3. Although the first accused admitted that the milk belonged to the second accused and that the Food Inspector took some milk from the quantity of milk which he was carrying to the society, he denied having received any price.

4. The se