On 30th April, 1965 at 9-45 a.m. the Food Inspector, Chittoor Municipality found the accused carrying a mixture of cow and buffalo milk intended for sale. He purchased three bollocks of milk for analysis in the presence of P.W.2 after serving a notice on the accused in the prescribed form. The milk was then and there separated into three parts and filled in three clean dry bottles and after the addition of formalin, a preservative, the bottles were duly sealed. One of the bottles was given to the accused. One bottle was sent to the Public Analyst and the third bottle was sent to Court. A statement was also recorded from the accused. After receiving the report of the Public Analyst that the sample sent to him was adulterated, the Food Inspector filed a complaint before the Judicial First Class Magistrate, Chittoor. The plea of the accused was that the milk was not intended for sale and that he was merely carrying the milk to a hotel at the instance of one of Jayaram Reddy. In support of his plea he examined one Muni Reddy The learned First Class Magistrate rejected the plea of the accused and the evidence of D.W. 1 and accepting the evidence of P.Ws. 1 and 2 held that the