1. - This appeal by way of special leave to appeal is directed against the judgment, dated April 21, 1975, . of learned Chief Judicial Magistrate, Alwar, acquitting the accused of the charge, punishable tinder section 7/16 of the Prevention of Food Adulteration Act, 1954 (Act No. 37 of 1954) (hereinafter referred to as 'the Act').

2. The prosecution story, in nut-shell, is that on January 8, 1975, PW 1 Shambu Datt Vijay, Food Inspector, inspected and checked the shop of accused-respondent. At that time the respondent was selling Ghee. Having disclosed his identity to the accused-petitioner, the Inspector served him with a notice in Form No. 6 (Ex P.1) and purchased 450 grams of ghee for Rs. 9/-. The ghee was divided into three parts, each of which was filled in three bottles. All the three bottles were sealed in the presence of the respondent. A memorandum containing details of the action taken by the Food Inspector was prepared. It has been marked Ex. P.2. It bears the signatures of the Food Inspector PW. 1 Shambhu Datt Vijay and two attesting witnesses, namely, PW 2 Shiv Charan and PW. 3 Prithvi Raj. It also bears the signature of the accused-respondent Bharat Bhushan. On