This is an appeal preferred by the State against the order of the acquittal by the Stationary Sub-Magistrate, Mangalore, in C.C. Nos. 14 and 19 of 1951.

The short facts are: On information received, the Sanitary Inspector Sri Sanjeevi Rao went to the shop of Janab Dada Haji Ibrahim Helari on 28th September, 1950, at about 10-45 A.M. The Sanitary Inspector demanded and purchased one pavu of Bengal gram dhal and ten palams of flour at two annas each from out of the stock which was kept for sale in the godown situated at door No. 113 of the 20th Ward of Mangalore municipality. This purchase is spoken to not only by this Sanjeevi Rao examined as P.W. 1, but also by two receipts taken from this merchant marked as Exs. P-1 and P-2 and which have been signed “per pro Dada Haji Ibrahim Halari” by a clerk of that firm. The purchases were bottled and then they have been submitted to the Analyst. On examination it has been found that they contained artificial water soluble yellow colouring matter derived from coaltar. Therefore this merchant has been put up for an offence under section 5(1)(a) and (b) of the Madras Act III of 1918 read with Rules 29 and 28-D framed under clause (f) o