( 1 ) THIS appeal is directed against the order and judgment of acquittal dated 14-11-1977 passed by sri K. P. Mathur, Special Judicial Magistrate, Allahabad.

( 2 ) FOOD Inspectors Sukh Mangal Prasad found Ram Kailash, respondent No, 1, selling buffalo milk near Jamuna Bridge, Allahabad on 27-11-1973 at about 11-30 A. M. and took a sample of that milk on payment of price after complying with all the rules. A sample phial of the milk was sent to the Public Analyst for analysis and report He reported that the milk was adulterated being deficient in non-fatty solids content by about 23 per cent. Respon- dent No. T was prosecuted for an ollence, Under Section 7 read with Section 16 of the Prevention of Food: Adulteration Act i (briefly the Act ). 1 He denied the prosecution allegations and contended that he had: not received a copy of the report of the Public Analyst. He did not produce any defence.

( 3 ) THE learned Magistrate came to the conclusion that there was no compliance with the mandatory provisions of Section 20 of the Act and Rule 9 (j) of the rules framed under the, Act,. He held that the accused could not be convicted on account of the non-observance of th