( 1 ) THIS is an appeal by the Municipal Board of Kanpur against the judgment of the Additional sessions Judge of Kanpur dated 23-11-1957, acquitting the respondent of offences under Section 7 of the Prevention of Food Adulteration Act, 1954. The appeal has been referred to this Bench as the Bench by which it was originally beard found difficulty in agreeing with the view taken in municipal Board, Lucknow v. Shyam Behari, AIR 1960 All 117 with regard to the effect of section 6 of the General Clauses Act.

( 2 ) THE respondent was a seller of ghee in Kanpur, and on 31-10-1955. two persons, Azizuddin siddiqi and Thakur Prasad, purporting to act as Food Inspectors purchased a sample of ghee from the respondent which was found on analysis to be adulterated. Two complaints thereafter were filed against the respondent by the Medical Officer of Health, Kanpur. The first of these complaints was filed on 2-12-1955, and alleged a contravention by the respondent of the provisions of Clause (iii) of Section 7 of the Prevention of Food Adulteration Act in that the respondent, on 31-10-1955, had sold ghee without a licence as required by that Act the second complaint was filed on 29