1. This is an appeal by the State from the judgment of the District Magistrate, Palghat, acquitting the Respondent of an offence under S.16(1) and 7 read with S.2(1) of the Prevention of Food Adulteration Act (No. 37 of 1954). The Respondent was a vendor of non-alcoholic beverages and the Food Inspector, Palghat Municipality preferred a complaint against him stating that he was selling "orange crush"

adulterated with artificial sweetener, an offence punishable under the Act. The accused contended that he prepared the drink from orange oil sold by a reputed manufacturer, Parry & Co , Ltd., and that he had not committed any offence. The learned District Magistrate found that the drink was adulterated in as much as it contained "dulcin", an artificial sweetener but that a conviction could not be entered, as the Food Inspector had not complied with the provisions of S.10(7) of the Act which requires that where the Food Inspector takes action in such matters, he should as far as possible, call not less than two persons to be present at the time when such action is taken and take their signatures. This was not done by the Food Inspector and the Respondent was therefore acquit