1. - On June 14, 1976 about 6.30 a.m. the Food Inspector of Gulabpura Town visited the small restaurent of Bansi Luhar PW 2 for whom the petitioner Balu had brought 7 or 8 Kgs. of mixed cow and buffalo's milk for sale. The Food Inspector inspected the milk brought, by the petitioner and the petitioner told the Food Inspector that it was mixed cow and buffalo's milk and he had brought it for sale. Suspecting that the milk was adulterated, the Food Inspector, with a view to take sample of the milk from the petitioner to send the same for analysis to the Public Analyst, gave notice Ex. P 1 in Form VI to the petitioner and bought 660 mlg. of that milk from the petitioner for 90 paise. The statutory formalities under the Prevention of Food Adulteration Act, 1954 (for short, here in after "the P.F.A. Act") were complied with and one of the three sealed bottles were sent to the Public Analyst, Bhilwara from whom the report was received that the sample of mixed milk (buffalo and cow) was adulterated as it contained about 33% added water. Consequently, a prosecution ensued and after trial, the Judicial Magistrate, Gulabpura found the petitioner guilty for the offence under Section