( 1 ) THE petitioner is manufacturer of Ice Cream selling under the brand name of go Go Ice Cream. The manufacturing activities are being carried out within the municipal limits of Lucknow. On 28-11-81 in the morning two different Food Inspectors collected samples of Ice Cream from the manufacturing premises of the petitioner. Food Inspector Sri K. M. Lal Srivastava had collected the sample of vanilla Ice Cream at 11. 10 a. m. and Food Inspector D. P. S. Chauhan had collected the sample of pista Ice Cream at 10. 30 a. m. in accordance with the prescribed procedure. Crl. Misc. Case No. 1553 of 1984 relates to the sample of vanilla Ice Cream and Crl. Misc. Case No. 1554 of 1985 relates to the sample of pista Ice Cream.

( 2 ) BOTH these samples were sent to the Public Analyst who too vide his report dated 15-12-81 reported that the sample of Vanilla Ice Cream contained 6. 27% Milk Fat as against the prescribed standard of not less than 10% and as such, the sample was found adulterated inasmuch as Milk Fat was deficit by 3. 73%. However, the total solids were found 41. 83% as against the prescribed standard of not less than 36% and Proteins were found 3. 97% against pres