1. One a complaint made by the Municipal Health Officer, Kozhikode, who in his capacity as a Food Inspector appointed under S.9 of the Prevention of Food Adulteration Act, (Central Act 37 of 1954) has been authorised under S.20(1) thereof to institute prosecutions, the accused, a wholesale merchant of Kozhikode, dealing in pepper among other merchandise, was tried by the Additional First Class Magistrate, Kozhikode, for an offence punishable under S.16(1)(a)(i) read with S.7 of the Act, the accusation against him being that he stored for sale 62 bags of pepper which was both adulterated and misbranded within the definitions in S.2(i)(1) and (ix)(d) of the Act. He was acquitted by the learned magistrate on the ground that it had not been proved that the pepper in question was stored for sale, and the complainant has brought this appeal against the acquittal by special leave under S.417(3) of the Criminal Procedure Code.

2. (From the complaint, the judgment and other proceedings in the case, one would think that there were two accused persons, but the name of Punsi Desai and Sons shown as the name of the 1st accused is only the name in which the 2nd accused, Punsi Desai, d