K.S.TIWANA, J.

1. The facts of this case are that on 28th of June, 1977, Dr. J.K. Bajaj, Food Inspector, P.W. 1 accompanied by Dr. Gian Parkash, District Health Officer, and his driver went to the premises of Bhagwan Dass Jain respondent in the town of Hoshiarpur. Piara Lal, a resident of Pahari Katra, Hoshiarpur, was also joined. The respondent had in his possession 60 cups of golden milk ice for public sale in a metal box, which was put in a freezer. Disclosing his identity, the Food Inspector served notice Exhibit P. A. on the respondent and thereafter purchased nine cups of golden ice against cash payment of Rs. 9. Each cup weighed 90 grams. The golden milk ice was alleged to contain 10 kilograms of cows milk, two kilograms of water, one kilogram of skimmed milk. 2 kilograms and 600 grams of sugar, 110 grams of G.M.S. and Alginite and apple colour (bush, in traces). The contents of the nine cups were put together and melted in the sun. These were divided into three equal parts and each part was put in a dry clean bottle. 22 drops of formalin were added in each bottle as preservative. Each bottle was then tightly fastened, tied with a thread, sealed and labelled. One bot