This criminal appeal has been filed by the State against the acquittal of the respondent-accused, by the learned Sessions Judge, East Thanjavur Dn., Nagapattinam in Crl. Ap. No. 42 of 1977, which had been preferred by the accused against his conviction by the learned Sub-Divisional Judical Magistrate, Nagapattinam In C.C. 589 of 1976 of an offence punishable under the Prevention of Food Adulteration Act and a sentence of rigorous imprisonment for three months and fine of Rs. 500/- imposed for that conviction.

2. The case of the prosecution was this; P.W. 1 the Food Inspector of Nanilam Panchyat purchased 660ml of milk from the accused's tea shop on Kumbakonam road at Kolathumangudy village at 11 a.m. on 7-9-1976 for 84 paise, after serving a form VI notice, Ex. P-1, under the acknowledgment, Ex. P-3 and obtaining the receipt, Ex. P-2 for the said purchase, P.W. 1 observed the necessary formalities viz. dividing the milk purchased by him into three equal parts, putting them in three separate clean bottles and sealing them and handing over one of the said bottles to the accused and sending one bottle to the Court and the third to the Public Analyst.

3. The Analyst's report,