NARAYANA PILLAI, J.

This is an appeal from acquittal in a prosecution under the Prevention of Food Adulteration Act, 1954, hereinafter referred to as the Act, for sale by the respondent on November 21, 1969 to the Food Inspector, Thripunithura, of 600 grams of adulterated ice-fruit. After dividing the ice-fruit purchased into three equal parts and filling them in separate bottles and adding preservatives a sample bottle was sent by the Food Inspector to the Public Analyst who on analysis found that the sample contained saccharin and Dulcin, artificial sweeteners, and was therefore, adulterated. It was then that complaint was filed before the Magistrate by the Food Inspector against the respondent under the Act. The respondent raised several contentions but all of them except the one relating to ice-fruit being not food, were found against him by the Magistrate. It was following a single Judge's decision of this court in Criminal Appeal No. 311 of 1971 (Ker), that the Magistrate held that ice-fruit was not food and acquitted the respondent.

2. In Criminal Appeal No. 311 of 1971 (Ker) also it was ice-fruit that was involved. The learned Judge who disposed it of declined t