This is a criminal appeal filed by the learned Public Prosecutor against the acquittal of the accused under section 14(1) of the Madras Prevention of Food Adulteration Act.

The short facts are:

P.W. 1, Hari Rao, the Maistry under the Sanitary Inspector and P.W. 2 Ponnurangam, the Malaria Cooly, of a Panchayat Board, were deputed by P.W. 3, the Sanitary Inspector on the morning of 12th January, 1951 to get hold of persons who were carrying milk for sale and to inform P.W. 3 so that he might take sample of the milk for analysis to detect adulteration. P.W. 1 saw the accused with two chumbus of milk when he was going very near the hotel run by one Balakrishna Pillai near the bus stand at Tirukoilur. P.W. 1 sent word to P.W. 3 through P.W. 2. P.W. 1 too came there when the accused was very near the hotel of D.W. 1, Balakrishna Pillai. P.W. 3 asked the accused to give a sample of the milk for being sent for analysis. The accused did not give the sample of the milk and was going into the hotel. P.Ws. 1 and 3 followed him to the hotel. The accused handed over the milk chumbu to the servant of the hotel who poured them into the milk pan in which the milk was boiling. The accused wh