Alfred Henry Lionel Leach, C.J.

1. This is an appeal by the Provincial Government against the acquittal by the Chief Presidency Magistrate of the respondent on a charge framed under Rule 28-B of the Madras Prevention of Adulteration Rules, 1932, framed under the Prevention of Adulteration Act. The respondent is the Proprietor of a restaurant known as "The Ramakrishna Lunch Home" in China Bazar Road, Madras. He makes and sells a sweetmeat called jangiri. The ingredients of jangiri are blackgram, rice and sugar. The sweetmeat is generally made by frying the ingredients in ghee. It is said that in some hotels oil is used for this purpose. On the 25th February, 1944, a Food Inspector visited the respondents restaurant and purchased a quantity of jangiri which was then being offered for sale. He had a sample analysed by the Public Analyst of the Corporation of Madras, who found that the fat used for cooking this particular jangiri consisted of 50 per cent. ghee and 50 per cent, fat not derived from milk or cream.

2. Rule 28-B says that where in a hotel, shop or other place sweetmeats, savouries or other articles of food of which ghee is commonly an ingredient are for sale and are