This is an appeal against the acquittal of the respondent who was charged for an offence under the Food Adulteration Act, that is, for selling adulterated milk. In such a case the first essential requisite to be established is that the milk from which the Sanitary Inspector gets a small quantity from the vendor as sample is intended for sale. In the present case the defence is that the accused was taking milk to the coffee hotel of his brother who was owning cows and buffaloes in his house and that it was only the milk got from the buffaloes in his house that he was carrying to his brother’s hotel and that it was never intended for sale but that when the Sanitary Inspector demanded he could not refuse to give as that would amount to an offence. In support of his case the accused examined his brother as D.W. 1 who spoke to the fact that the milk which was brought by his brother (accused) was that got from the buffaloes which he was having in his house and that it was never intended for sale. The Sanitary Inspector as P.W. I in his chief examination stated that he saw the accused selling milk and that when he demanded milk, the accused sold to him a small quantity but in cr