JUDGMENT

D.S. Mathur, J. - This is an appeal by the Nagar Swasthya Adhikari of the Nagar Mahapalika of Agra against the order dated 28-2-1966 of the Magistrate First Class, Agra, acquitting the respondent, Jawahar Singh, of the offence punishable under Section 16 of the Prevention of Food Adulteration Act for contravention of Section 7 thereof.

2. The material facts of the case are that on 30-3-1965, at about 10.30 a.m., Kunwar Singh (P. W. 1) , Food Inspector, was out on checking duty in Mohalla Motibagh Jamuna Bridge within the limits of the Nagar Mahapalika Agra. He found the respondent, Jawahar Singh, selling milk from his Tanki. On inquiry he told the Food Inspector that it was goat's milk. After serving notice under Rule 12 of the Prevention of Food Adulteration Rules on the respondent, he obtained a receipt Ex. Ka. 1, bearing the left thumb mark of the respondent. The Food Inspector purchased 24 ounces of milk for the purpose of sample, after paying .45 Paise for the same and obtained the receipt Ex. Ka. 2. He then divided the purchased milk in three parts, kept each part in a bottle and mixed 16 drops of 40% strength of formalin to each. Thereafter, he sealed the bottles and