JUDGMENT : This is an appeal under S. 417(3) Cr. P.C. against an order of acquittal D/-12-02-1962, recorded by a Magistrate 1st Class, Agra, in a case under S. 7/16 of the Prevention of Food Adulteration Act.

2. The Medical Officer of Health. Agra Municipality, filed a complaint against the opposite party on the allegations that on 19-6-59 he was found carrying goat's milk in his can for sale; that Sri. R. Kumar, Food Inspector, (P.W. 1) purchased three-fourth seer of milk from the opposite-party for sample, that the sample was sent to the Public Analyst for his report; that the report of the Public Analyst dated 30-7-1959 shows that the sample contained about 27% of water and as such was adulterated, and that the opposite party thereby had committed an offence punishable under Section 7/16 of the Prevention of Food Adulteration Act.

3. In support of the allegations in the complaint, Sri. R. Kumar, Food Inspector, Agra Municipal Board was examined as P.W. 1. He stated that he had obtained the sample of milk from the accused and after dividing it into 3 portions, he gave one to the accused, kept one with him, and sent the other to the public Analyst, Lucknow for his report. He also st

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