M. C. DESAI, J.

( 1 ) THE Applicant City Board of Mussorrie prosecuted the opposite party Kishan Lal for the offence of Section 16 of the Prevention of Food Adulteration Act for selling adulterated bee honey. It has been found as a matter of fact that on 26-9-1956 the opposite party, who is a dealer in bee honey sold three sealed bottles each bearing the label "pure Bee Honey" to a Food inspector, and on analysis the honey in each bottle was found to be adulterated. The opposite-party pleading not guilty contended that he had purchased the bottles from the himachal Drugs Coy. and sold them in the same condition. He produced a voucher given to him by the Himachal Drugs Coy, in which the article has been described as bee honey. The trial Court held that the label "pure Bee Honey" put on each bottle by the vendors amounted to a warranty and that the opposite-party having sold the bottles in the same condition in which he had purchased them from the vendors was not guilty and acquitted him. The applicant applied for revision of the judgment of acquittal to the Sessions Judge, Dehra dun, who has referred the case to this Court with the recommendation that the acquittal be set aside and