JUDGMENT :

Barman, C.J. - This is an appeal against an -order of acquittal of the accused Respondent of a charge u/s 16(1)(80) of the Prevention of Food Adulteration Act, 1954: (hereinafter referred to as the Act) for having sold adulterated ghee which is prohibited by the Food (Health) Authority in the interest of public health.

2. On November 29, 1962 the Food Inspector, Puri Municipality issued to the accused Respondent a notice u/s 11(1)(80) of the Act whereby the Food Inspector wanted to purchase three samples of Food articles including ghee for analyses by the Public Analyst. On the same date the Food Inspector purchased ghee for price as appears from the receipt ext. 2. The report of the Public Analyst is that he received the sample of ghee obtained from the accused Respondent for analysis (properly sealed and fastened) and that he found the seal intact and unbroken; he further certified that he had caused the said sample to be analysed and declared the result of the analysis that it was adulterated (ext. 3).

3. In defence the accused Respondent, while denying the charge, stated that he sold Dalda and not ghee as alleged. A point was also taken on behalf of the accused Responde