( 1 ) THIS is an appeal by the Municipal Board, Lucknow. It is directed against an order of acquittal of one Shyam Behari passed by Sri B. B. Misra, Civil and Sessions Judge, Lucknow.

( 2 ) THE respondent Shyam Behari was prosecuted for an offence under Section 7 read with section 16 of the Prevention of Food Adulteration Act (Act 37 of 1954) 1954. He was convicted by the trial Court and sentenced to pay a fine of Rs. 600/- or "in the alternative, to undergo four months simple imprisonment. On appeal he was acquitted by the learned Civil and Sessions judge, Lucknow. Dissatisfied with the said judgment, this appeal has been filed by the Municipal board, Lucknow, against the said order of acquittal.

( 3 ) SHYAM Behari is admittedly the owner and proprietor of a milk shop situate at Gwyane Road, lucknow. One Ram Lal used to work as his servant at this shop. On the 15th of September, 1955, Sri O. P. Mehrotra, Food Inspector, paid a visit to this shop in the morning at about! 8. 30 a. M. He purchased half a seer of milk from Ram Lal and paid-/4/-as its price. He took this milk in three bottles. These bottles were duly packed, corked, sealed and labelled in the presence of