( 1 ) SAHATI Ram and Dudh Nath respondents were prosecuted on the complaint of the Health officer. Banaras Municipal Board of an offence under Section 4 read with Section 42 of the U. P. Pure Food Act 1950 for having sold adulterated ghee on the 15th July 1953 to a Pood inspector of the Banaras Municipality.

( 2 ) THE prosecution led evidence about the purchase of the ghee and about sending a sample of it to the Public Analyst to U. P. Government and filed a certificate received from the Public analyst. This certificate is reproduced below:

"i. the undersigned, Public Analyst, Government. U. P. hereby certify that I received a sample of ghee No. 877 on 27th July 1953, from the Medical Officer of Health, Municipal Board Banaras. far analysis (which weighed at the time. . . . . ). I analysed it and notify the following result: in my opinion this sample is adulterated. In my opinion fhe greater part of this sample consists of fat or oil which is foreign to the pure substance. "

( 3 ) THE defence taken by the respondents was somewhat inconsistent. The statement of Dudhnath was to the effect (which statement was adopted by Sahati Ram as well) that the ghee was sold to the Food Ins