1. This is an appeal by the City Corporation of Trivandrum against the order of the Corporation First Class Magistrate, Trivandrum, acquitting respondents 1 & 2 of the offence under S.17 (1) read with S.7 of the Prevention of Food Adulteration Act - Act 37 of 1954.

2. On 29-1-60 the 2nd respondent brought for sale buffalo milk at the Puthenchantha Co-operative Milk Supplies Union. Pw.1 the Food Inspector of the Corporation purchased 24 oz., of milk, after informing him that it was for sampling. Ex-P.1 is the voucher for the purchase. It was duly sampled and one part of the sample was sent to the Public Analyst. His report Ex-P. 4 showed that the sample contained not less than 7% of added water. On the basis of this report the 2nd respondent who had actually sold the milk and the 1st respondent who is the Secretary of the Peyad Milk Co-operative Society who had sent the milk for sale were prosecuted.

3. S.7 prohibits the sale of any adulterated food. S.2 (i) defines the word "adulterated" and it says that an article of food shall be deemed to be adulterated if it satisfies one or the other of the conditions prescribed in sub-clauses (a) to (1). According to sub-clause (1)