JUDGMENT

M. Chandra, J. - This is an appeal against the acquittal of Narain Singh. He was charged under section 7/16 of the Prevention of Food Adulteration Act, 1954 for selling adulterated milk.

2. Briefly stated the prosecution case was this : On 22-6-1964 at about 7 a.m. at Mira Husaini crossing in Agra Sri Narain Singh exposed cow milk and goat milk mixed in the ratio of 3 : 1 for sale. A sample was purchased according to rules. On analysis, it was found by the Public Analyst to be deficient in fatty solid content by about 37 per cent. Narain Singh was accordingly prosecuted.

3. In defence Sri N Train Singh denied that he sold the milk and pleaded that the milk of which sample was taken was pure and that he was carrying it for extraction of cream from it.

4. Prosecution examined Sri V.N. Singh, Food Inspector as P. W. 1 and Sri Jagdish Chandra (P.W. 2) to corroborate (P.W. 1). No witness was examined in defence.

5. The learned Magistrate found it proved that Sri Narain Singh was selling milk and that the sample as alleged by the prosecution was taken, but he acquitted Sri Narain Singh on the ground that the complaint was lodged on 1/2 June, 1965 after a very long period of only