TRIVEDI, J. :- This appeal has been filed by the Nagar Mahapalika Lucknow and is directed against the judgment and order of the Additional Sessions Judge, Lucknow dated 8th July, 1969, allowing an appeal and setting aside the conviction and sentence which was passed against Ram Dhani respondent under Section 7/16 of the Prevention of Food Adulteration Act. Ram Dhani was put on trial for offence punishable under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, the prosecution case being that on 21-8-1965, S.N. Ojha. Food Inspector, found Ram Dhani carrying milk. He purchased sample of milk from him after payment of price on 21-8-1965. The sample was in due course sent to the Public Analyst, Agra. Sri R. S. Srivastava, who submitted his report on 21-9-1965 to the effect that the sample was adulterated. The accused Ram Dhani respondent did not plead guilt to the charge framed against him. The trying Magistrate found the charge proved and Ram Dhani guilty of commission of an offence punishable under S. 7/16 of the Prevention of Food Adulteration Act, and sentenced him to pay a fine of Rs. 1000/-; whereupon Ram Dhani appealed and challenged validity of