1. The accused in this case was convicted by the Additional First Class Magistrate, Kozhikode of an offence punishable under S.16 (1) (a) (ii) read with S.7 of the Prevention of Food Adulteration Act, 1954 (referred to hereafter as the Act) and sentenced to suffer rigorous imprisonment for one year. On appeal he was acquitted by the sessions court and the complainant, a food inspector, has brought this appeal against acquittal by special leave under S.417 (3) of the Criminal Procedure Code.

2. On 8-10-1959 Pw.1, & food inspector, stopped the accused when he was entering a coffee hotel with a vessel containing about four bottles of milk. He obtained one bottle of this milk from the accused following the procedure prescribed by S.10 and 11 of the Act. On analysis this milk was found to contain 14 per cent of added water

3. The prosecution case is that the milk was being taken by the accused to the coffee hotel for sale while the defence was that the accused, a milkman by caste and calling, was only delivering the milk he had got by milking the buffalo belonging to the proprietor of the coffee hotel at the latter's house, the proprietor having engaged him for the purpose on