NARAYANA PILLAI, J.

This appeal by the State is from the acquittal of the respondent by the Sub-Divisional Magistrate, Attingal, of an offence punishable under the Prevention of Food Adulteration Act, hereinafter referred to as "the Act".

2. On June 12, 1972, the respondent sold to the Food Inspector of the Elakamon Panchayat, P.W. 1, 660 m.l. of cow milk. After complying with the formalities prescribed by law and adding the necessary preservative the sample was sent to the Public Analyst for examination. He received it on June 15, and after analysis issued the report, Ext. P/5, on June 19, 1972, declaring the result as follows :-

"Milk fat .... 4.8%

Milk Solids-non-fat.... 7.7%

Starch and Sugar.... Absent and freezing point (Hortvet's method) .... 0.48 degree C."

and expressing his opinion thus :

"The said sample does not conform to the standards prescribed for cow's milk under the Prevention of Food Adulteration Rules, 1955 and is therefore adulterated.

The sample contains not less than nine per cent (9.0%) of added water, as calculated from the freezing point (Hortvet's method). The percentage of added water has been calculated on the basis of the fact that the freez