1. - The State of Rajasthan has preferred this appeal against the accused-respondent Umashankar resident or Bhilwara, who was acquitted by the First Class Magistrate, Bhilwara in Case No. 197/1970 by his order dated September 15, 1970 for the offence under Section 7 read with 16 of the Prevention of Food Adulteration Act (hereinafter referred to as 'the Act').

2. The facts of the case according to the prosecution in brief are that on March 1, 1969 at about 7.15 a.m. Food Inspector Sardar Singh went to the shop of the accused Umashankar, who is a milk-vendor. A prescribed notice was given to the accused respondent and 666 ml. of milk was purchased from him, for which its price was paid to him. The purchased milk was divided into three equal portions and was filled in the bottles and 16 drops of formalin was added. The bottles were sealed and a Panchnama Ex. 2 to the same effect was prepared. One sealed bottle was sent to the Public Analyst at Jaipur for analysis along with the form No. 7 with the specimen seal impression, was also sent by the registered post to the Public Analyst. The Public Analyst examined and analysed the aforesaid sample sent to him and he found that thi